
rt ri r\-\TC\THT. 



SCHOOL LAWS 



WISCONSIN. 



1870. 




-/LOW 



. LAWS' OF WISCONSIN 



EELATING TO 



NORMAL SCHOOLS, 



STATE UNIVERSITY. 



c Py^rim 



PREPARED AND PUBLISHED IN PURSUANCE OP LAW 

UNDER THE DIRECTION OP THE 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 






MADISON, WIS. 

ATWOOD & CULVER, BOOK AND JOB PRINTERS, JOURNAL BLOCK. 
1870. 



L'3 z 

W/ 

- VV (o 



HIS VOLUME IS PUBLIC property and belongs to the school district to 
WHICH IT is sent. It is to be kept by the district clerk, but may be de- 
livered BY HIM TO ANY VOTER OF THE DISTRICT, TO BK RETAINED NOT EXCEED- 
ing five days. if an annual, special or adjourned meeting is to take 
place within ten days, this book must not be loaned to any person, but 
must be retained by the clerk, and produced by him at such meeting for 
consultation by the voters. 

When sent to any school offcer, he holds it only in his offcial ca- 
pacity, AND IT MUST BE CAREFULLY PRESERVED AND HANDED OVER TO HIS SUC- 
SESSOR IN OFFICE. 



INTRODUCTION. 



This edition of the school laws of the state is prepared in accor- 
dance with the provisions of the following law : 

Chapter 10T — General Laws of 18*70. 

AN ACT TO PROVIDE FOR THE PUBLICATION OF A NEW EDITION OF THE 

SCHOOL CODE. 

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as 
folloios : 

Section 1. The Superintendent ot Public Instruction is hereby authorized to pro- 
cure the publication, in pamphlet form, of eight thousand copies of a school code con- 
taining all the schoo! laws of this state, with neces'sary instructions and iorms, and 
plans and designs for school houses : and, when printed, he shall furnish a copy to each 
town and school district clerk in the state. 

Section 2. In addition to the copies above provided for, three hundred copies shall 
be printed on good bcok paper and bound in muslin, to be used in making exchanges 
with other states, and to supply county superintendents and the libraries of literary in- 
stitutions in this state. 

Section 3. There is hereby appropriated out of any money in the state treasury not 
otherwise appropriated, a sum sufficient for printing the code as above set forth : pro- 
vided, that not more than one hundred and fifty dollar; shall be used to pay for plans and 
designs for school houses. 

The commentary, instructions and forms are mainly the same as 
those found in the code of 1867. The ground plans for country 
school houses are reproduced, and in addition perspective elevations 
of some of the best school buildings in the state are given. These 
range from the Oshkosh High School, which with grounds and fur- 
nishing cost sixty-five thousand dollars, to the fourth vrard school 
house in Madison, which cost twelve thousand dollars exclusive of 
grounds. In another part of this volume will be found a more par- 
ticular description of these edifices. 

It is believed that the commentary and instructions are now so 
minute end complete that any school officer really desirous of ascer- 



taming his duty and how to perform it can do so, &,nd it is hoped 
that the number of communications to this department asking for 
information on points on which the law is so plain that an ordinary 
English scholar ought not to misunderstand it, will annually de- 
crease. At the same time the state superintendent earnest ly soli- 
cits suggestions from school officers and citizens generally in refer- 
ence to any defects in the working of the law, and the amendments 
needed to perfect it. A carefully prepared bill, which harmonized 
conflicting sections and amended others, passed the assembly last 
winter, but failed in the senate on account of the strife over the 
Chippewa Dells Improvement matter. If it had become a law it 
would have added materially to the value of this code, and greatly 
benefited the people. It is hoped that the same or a similar bill 
will meet with a better late next winter. 

The greater portion of the labor of preparing this volume for the 
press has devolved upon ray assistant, Rev. J. B. Pradt, whose 
faithful and valuable services I desire here gratefully to acknowl- 
edge. 

A. J. CRAIG, 

Superintendent of Public Instruction. 



CONSTITUTIONAL PROVISIONS. 



Article Tenth. 
EDUCATION 



Section 1. The supervision of public instruction shall be vested 
in h state superintendent, and such other officers a3 the legislature 
may direct. The state superintendent shall be chosen by the qual- 
ified electors of the state, in such manner as the legislature shall 
provide ; his powers, duties and compensation shall be prescribed 
by law ; provided, that his compensation shall not exceed the sum 
of twelve hundred dollars annually. 

Section 2. The proceeds of all lands that have been or hereaf- 
ter may be granted by the United States to this state for educa- 
tional purposes, (except the lands heretofore granted for the pur- 
poses of a University), and all moneys, and the el^ar proceeds of 
all property that may accrue to the state by forfeiture or escheat, 
and all moneys which may be paid as an equivalent for exemption 
from military du r y, and the clear proceeds of all fines collected in 
the several counties for any breach of the penal laws, and all mon- 
eys arising from any grant to the state where the purposes of sueh 
grant are not specified, and the five hundred thousand acres of land 
to which the state is entitled by the provisions of an act of congress, 
entitled "An act to appropriate the proceeds of the sales of the 
public lands, and to grant pre-emption rights," approved the fourth 
day of September, one thousand eight hundred and forty-one, and 
also the five per centum of the net proceeds of the public lands to 
which the state shall become entitled on her admission into the 
Union (if congress shall consent to such appropriation of the two 
grants last mentioned) shall be set apart as a separate fund, to be 
called the school find, the interest of which, and all othey revenues 
derived from the school lands, shall be exclusively applied to the fol- 
lowing objec's, to wit : 

1. To the support and maintenance of common schools, in each 
school district, and the purchase of suitable libraries and apparatus, 
therefor. 

2. The residue shall be appropriated to the support and mainten- 
ance of academies and normal schools, and suitable libraries and 
apparatus therefor. 

Section 3. The legislature shall provide by law for the estab- 
lishment of District Schools, which shall be as nearly uniform as 



6 

practicable, and such schools shall bo free and without charge for 
tuition to all children between the age of four and twenty years ; 
and no sectarian instruction shall be allowed therein. 

(Section 4. Each town and city shall be required to raise, by 
tax, annually, for the support of common schools therein, a sum 
not less than one-half the amount received by such town or city 
respectively for school purposes, from the income of the school 
fund. 

Section 5. Provision shall be made by law for the distribution 
of the income of the school fund among the several towns and 
cities of the state, for the support of common schools therein, in 
some just proportion to the number of children and youth resident 
therein, between the ages of four" and twenty years, and no ap- 
propriation shall be made from the school fund to any city or 
town, for the year in which said city or town shall fail to raise 
such tax, nor to any school district for the year in which a school 
shall not be maintained at least three months. 

Section 6, Provision shall be made by law for the establish- 
ment of a state university, at or near the seat of state government, 
and for connecting with the pame from time to time such colleges in 
different parts _ of the state as the interests of education may 
require. The proceeds of all lands that have been or may here- 
after be granted by the United States to the state for the support 
of a University, shall be and remain a perpetual iuad, to be called 
the " universitv fund," the interest of which shall be appropriated 
to the support of the state university ; and no sectarian instruction 
shall be allowed in such university. 

Section 7. The secretary of state, treasurer and attorney 
General, shall constitute a board cf commissioners for the sale of 
School and university lands, and for the investment of the funds 
arising therefrom. Any two of said commissioners shall be a 
quorum for the trantaction of all business pertaining to the duties 
of their office. 

Section 8. Provision shall be made by law for the sale of all 
school and university lands after they shall have been appraised, 
and when any portion of such lands shall be sold, and the purchase 
money shall not be paid at the time of sale, the commissioners shall 
take security by mortgage upon the land sold for the sum remain- 
ing unpaid, with seven per cent, interest thereon, payable annually 
at the office of the treasurer. The commissioners shall be author- 
ized to execute a good and sufficient conveyance to all purchasers of 
lands, and to discharge any mortgages taken as security when the 
sum due thereon shall have been paid. The commissioners shall 
have power to withhold 'from sale any portion of such lands when 
they shall deem it expedient, and shall invest all moneys arising 
from the sale of such lands, as well as ail other university and 
school funds, in such manner as the legislature shall provide, and 
shall give such security for the faithful performance of their duties 
as may be required by law. u 



GENERAL LAWS. 



Chapter 10 — Revised Statutes. 
THE STATE SUPERINTENDENT. 

Section 59. There shall be elected at the next general election, 
and biennially thereafter, a state superintendent, whose term of 
office shall commence on the first day* of January next succeeding 
his election, and continue for the term of two years, and until his 
successor is elected and qualified. 

Section 60. The state superintendent shall, before he enters 
upon the duties of his office, take and subscribe an oath to support 
the constitution of the United States, and of the state of Wiscon- 
sin, and faithfully to discharge the duties of his office to the best of 
his ability, which oath shall be filed in the office of the secretary of 
state. 

Section 61. The said superintendent shall receive for his ser- 
vices the sum of twelve hundredf dollars per annum, payable quar- 
terly in advance, with his actual postage, and the necessary station- 
ery for his office, payable quarter yearly out of the state treasury. 

Section 62. He shall have a general supervision over the com- 
mon schools in this state, and it shall be his duty, as far as practi- 
cable, to visit every county in this state, for the purpose of inspect- 
ing the schools, awakening an interest favorable to the cause of 
education, and diffusing as widely as possible, by public addresses 
and personal communication with school officers, teachers and 
parents, a knowledge of existing defects, and of desirable improve- 
ments in the government and instruction of the schools. 

Section 63. It shall be his duty to recommend the introduction 
of the most approved text books, and as far as practicable to secure 
a uniformity in the use of text books in the common schools 
throughout the state ; to discourage the use of sectarian books and 
sectarian instruction in the schools ; to advise in the selection of 
books for school district libraries ; and to open such correspondence 
abroad as may enable him to obtain, as far as practicable, informa- 
tion relative to the system of common schools, and its improvements 
in other states and countries, which he shall embody in his annual 
report to the legislature. 

* Changed to first Monday of January. See chapter 65, general laws of 1862. 
. t Chapter 203, laws of 1859. 



Section 64. He shall prescribe rales and regulations for the 
management of school district libraries, and the penalties which 
shall be imposed by district boards for any violation of such rules 
and regulations ; he shall prepare for the use of common school of- 
ficers, suitable forms for making reports, and conducting all neces- 
sary proceedings, and shall cause the laws relating to common schools, 
with rules, regulations and forms aforesaid, and such instructions as 
he shall deem necessary, to be printed together, with a suitable in- 
dex, in pamphlet form, by the person authorized to do the state 
printing, at the expense of the state ; and be shall cause the same 
to be distributed among the several school districts and other offi- 
cers having the care of common schools throughout the state. ' 

Section 65. He shall examine and determine all appeals duly 
made to hirn from the decision of any school district meeting or 
from the decision of any *town supervisors in forming or alter- 
ing, or in refusing to form or alter any school district, or concern - 
any other matter under the common school law of this State, and 
his decision tnereon shall be final. 

Section 66. It shall be the duty of the state superintendent to 
collect in his office such school books, apparatus maps and charts as 
can be obtained without expense to the state, and also to purchase, 
at ah expense not exceeding fifty dollars a year, rare and valuable 
works on education, for the benefit of teachers, authors and others 
who may wish to consult them ; and the said sum is hereby annu- 
ally appropriated for this purpose out of any moneys in the treasury 
not otherwise appropriated. f 

Section 67- He shall prepare in each year a report, to be sub- 
mitted to the Governor on or before the tenth day of Decemtfert 
in each year, containing — 

1. An abstract of all the common school reports received by 
him from the several clerks of the county boards of supervisors ;§ 

2. A statement of the condition of the common schools in this 
state ; 

8. Estimates and accounts of expenditures of the school moneys ; 

4. Plans for the improvement and management of the common 
school fund, and for the better organization of the common schools. 
And— 

5. All such matters relating to his office and the common schools 
of the state, as he shall deem expedient to communicate. 

Section 68.|,| It shall be the duty of the state superintendent, 
between the tenth and fifteenth days of June in each year, to ap- 
portion and distribute the income of the state fund for the support 
of common sehools, which shall have been received up to the first 
day of June in each year, among the several counties of this state, 
and the share of each county, among its respective towns and cities, 

* See section 123 of Code. 

t Section 2, of chapter 203, laws of 1859. 

X Section 9, chapter 138, laws cf 1S58. 

§ The reports are now' made by the county superintendents. 

I See chapter 75, genera) laws of 188<>. 



according to the number of children in each, over the age of four 
and under the age of twenty years, according to the returns thereof 
as made to his office for the preceding year: provided, that no 
moneys shall be apportioned to any town for any district therein, 
for any year during which such district shall not have maintained a 
common school, taught by a qualified teacher, the number of months 
prescribed by law. 

Section 69.* The state superintendent shall certify the appor- 
tionment of the school fund income to the secretary of state, and 
shall immediately give notice thereof to the clerk of the boaid of 
supervisors, stating the amount apportioned to his county, and to 
each town and city therein ; and the secretary of state, upon re- 
ceiving such apportionment, shall immediately draw his warrant 
upon the state treasurer in favor of the treasurers of the several 
counties for the amount apportioned to each. 

Section TO. The state superintendent shall have an offine at 
Madison, where shall be deposited all papers and documents apper- 
taining to the business of his office ; and to which place communi- 
cations on the subject of common schools may be addressed to him. 

Section 71. Copies of all papers deposited or filed in the office 
of the state superintendent of common schools, and all acts and de- 
cisions of such superintendent may be certified by him ; and when 
so certified, shall be evidence equally and in like manner as the 
originals. 

Section 72. The state superintendent shall have power to ap- 
point under his hand and seal an assistant superintendent of public 
instruction, who shall take the constitutional oath of office, which 
shall be filed in the office of the governor ; and such assistant shall 
perform such duties as his principal shall prescribe, not inconsistent 
with law, and shall receive an annual salary of eighteen hundred 
dollars,! to be paid quarter-yearly as the salaries of state officers 
are paid, and such assistant shall be styled the assistant state su- 
perintendent, and the state superintendent shall be responsible for 
all the acts of such assistant. 

Section 73. There is hereby appropriated annually to the 
superinendent of public instruction, out of any money in the 
treasury not otherwise appropriated, the sum of fifteen hundred 
dollars,^ *° defray traveling expenses, in making official visits as 
required by law ; said appropriation to be drawn in such sums and 
at such times as the state superintendent may elect. 

Section 74. The state superintendent shall submit in his 
annual report a statement of his travels in making official visits 
during the past year. 

Section 75. There is hereby appropriated out of any moneys 
in the state treasury, not otherwise appropriated, the sum of oue 
thousand dollars, § annually, to the superintendent of public in- 

* See chapter 4, general laws of 1866. 
t See chapter 140, general laws of 1869. 
% See chapter 83. general laws of 1869. 
See chapter 140, general laws of 1866. 



10 

struction, for the purpose of defraying the expenses of clerk hire in 
the office of said superintendent of public instruction ; said sum to 
be drawn quarterly by said superintendent, and to be disbursed by 
him for the purpose herein named : provided, that said sum of one 
thousand dollars shall be in full for the annual payment of all 
clerk hire of said department. 

Chapter 138 — General Laws, 1858. 
ANNUAL REPORT. 

Section 9. Section two of chapter ninety-nine, of the general 
laws of 1857, is hereby so amended as to except the state superin- 
tendent of public instruction from being required to make his 
annual report to the governor within ten days after the close of the 
fiscal .year; and the said state superintendent shall make his 
report, and deliver it on or before the (lOch) tenth day of Decem- 
ber in each year, to the governor, who, within three days there- 
after, shall deliver the same to the contractor or person authorized 
to do the public printing of the state. 

Chapter 13 — Revised Statutes. 
OF THE BOARD OP COUNTY SUPERVISORS. 

Section 28. In addition to the ordinary powers and duties of 
the several county boards of supervisors enumerated in the pre- 
ceding section, the following special powers are conferred upon them, 
subject to such modifications and restrictions as the legislature shall 
from time to time prescribe, to-wit : 

4. To authorize the levying and collecting of taxes for specific 
purposes in any town or school district, not exceeding one thousand 
dollars, when such town or school district is not authorized by law 
to levy and collect the same, or so large an amount ; and to author- 
ize the issuing and renewal of any warrant for the collection of 
town, school or road district taxes, as they may deem just and expe- 
dient, when the same is not authorized by law: provided, a major- 
ity of the electors of such town or school district shall, at some duly 
organized meeting, vote for such tax to be raised. 

OP THE CLERK OF BOARD OP SUPERVISORS. 

Section 60. "Whenever the clerk of the board of supervisors of 
any county shall receive from the state superintendent notice of the 
apportionment of school moneys to be distributed in the county, he 
shall file the same in his office, and transmit a certified copy thereof 
to the county treasurer; and such clerk shall also lay a certified 
copy thereof before the board of county supervisors at their next 
annual meeting. 

Section 61. It shall be the duty of the clerk of the board of 
supervisors, in each county, on the last Monday in December in 



11 

each year, to transmit to the state superintendent, certified copies 
of all resolutions and proceedings of the board of supervisors of 
which he is clerk, passed or had during the preceding year, relating 
to the raising of any money for school purposes, and to report the 
amount to be raised in each town in such county. 

Chapter 15 — Revised Statutes. 
POWERS AND DUTIES OF TOWNS. 

Section 2. The qualified electors of each town shall have power 
at any legal meeting thereof to vote to raise such sum of money 
for the support of common schools, in addition to the amount 
required by law to be raised, as they may deem necessary. * * 

Chapter 18 — Revised Statutes. 
OF THE ASSESSMENT AND COLLECTION OF TAXES. 

Section 53 * The board of county supervisors, at their annual 
meeting in each year, shall estimate and determine the amount of 
moneys to be raised in each town and ward in their county, for the 
support of common schools therein for such year, which tax shall be 
levied and collected in each year, and shall not be less than the 
amount of school moneys apportioned to such town and ward by the 
state superintendent, in his last apportionment of school moneys, 
nor shall the amount so raised for school purposes exceed three 
mills on the dollar, in any one year, upon the valuation of the taxa- 
ble property in such county ; and every such determination for the 
raising of school moneys by the said board, shall be recorded by 
their clerk, and the sum so determined to be raised shall be assessed 
and collected for the use of common schools in each town and ward 
in such county, in addition to any sum any such town or ward may 
have voted to raise for the support of common schools therein. 

Section 54. Whenever there shall have been no distribution of 
school moneys to any town or ward in any year, the county board of 
supervisors shall, at their annual meeting in that year, direct to be' 
raised on the valuation of the taxable property in such town or 
ward, the same per centage or proportionable amount of taxes for 
the support of common schools therein, as shall be required to be 
raised for that purpose in other towns in such county. 

Chapter 24 — Revised Statutes.^ 
OF THE DISTRIBUTION OF THE INCOME OF THE SCHOOL FUND. 

Section 1. The income of the state fund for the support of 
common schools, which shall be received up to the last day of May 

* See chapter 40, general laws of 1866. 

tAs amended hy chapter 99, general laws of 1S60, and chapter 178, general laws 1S6 1 



12 

in each year, shall be distributed annually, between the tenth and 
fifteenth days of June in each year, cr as soon thereafter as practi- 
cable j'.moDg the several counties in this state, from which reports 
have been received by the state superintendent, agreeably to law. 

Section 2, The treasurer of each county shall apply for and 
receive from the state treasurer the school moneys apportioned to 
his county, as soon as the same shall become payable. 

Section 3. Each county treasurer receiving such moneys shall 
immediately give notice in writing to the treasurer of each city, and 
to the town treasurer of each town in his county, of the amount 
apportioned to such town or city, and shall hold the same subject to 
the order of such city treasurer or town treasurer 

Section 4. In case the treasurer of any such city, or the town 
treasurer of any such town, shall not apoly for and receive -such 
moneys before the next receipt of school moneys apportioned to the 
county., the moneys so remaining with the county treasurer shall be 
added to the moneys next received by him from the state superin- 
tendent, and distributed therewith, and in the same proportion 
among the several towns and cities entitled thereto in such county. 

Section 5. Whenever it shall not appear from the certified 
statement of the clerk of the board of supervisors in any. county, 
made to the state superintendent, that the amount required by law 
to be raised for school purposes has been directed to be raised during 
the year by the board of supervisors of such county, the superin- 
tendent shall not apportion any of the state school funds to such 
county, and in such case the moneys so withheld shall be added to 
the principal of the common school fund. 

Chapter 96 — Laws of ISoft. 
OF THE ASSESSMENT AND COLLECTION OE TAXES. 

Section 1. Whenever any organized town in this state shall 
have failed to levy, collect or pay over to the county treasurer of 
the county in which such town is situated, any state, county or 
school tax, apportioned to and charged against such town in any 
year, and now is, or shall hereafter be delinquent for the same or 
any part thereof, it shall be lawful, and it is hereby made the duty 
of the board of supervisors of the county in which such town shall 
be situated, in any succeeding year thereafter, to charge over any 
and all such delinquent taxes, and a penalty of twenty-five per cent, 
to the town thus delinquent, and add the same to the amount of 
the annual or current tax apportioned to such town. 

Section 2. It shall be the duty of the clerk of the board of su- 
pervisors to certify such gross amount of tax to the clerk of such 
delinquent town in the same manner and at the same time as he is 
now required by law to certify the annual apportionment of taxes as 
provided in section 56 of the chapter to which this is amendatory. 

Section 3. It shall be the duty of the town clerk of such town 
to calculate and carry out such gross amount of delinquent and cur- 



13 

rent tax, in the manner and at the time now provided by law for 
carrying out taxes, as provided in section 59 of the chapter to which 
this act is amendatory. 

Section 4. Any town clerk who shall hereafter neglect or re- 
fuse to calculate and carry out upon the assessment roll, any tax or 
taxes apportioned to any town and certified to him by the clerk of 
the board of supervisors <">f the county in which such town is sit- 
uated, and attach a warrant thereto, and deliver the same to the 
treasurer of his town as provided by law, shall be deemed guilty of 
a misdemeanor, and on conviction thereof shall be punished by fine of 
not loss than five hundred dollars nor more than one thousand. 

Section 5. This act shall take effect and be in force from and af- 
ter its passage. 

Chapter 76 — General Laws of 1866. 

COLLECTION OF SCH03L DISTRICT TAXES, WHEN THE COLLECTION 
HAS BEEN ENJOINED. 

Section 1. In all cases where any officer has been or hereafter 
may be enjoined from the collection of any school district tax or 
taxes levied or assessed upon any land or lands subject under any 
law of this state to taxation, and where such injunction shall be 
dissolved by order of court, if such tax or taxes shall remain unpaid 
for thirty day3 after the dissolving of such injunction, such tax or 
taxes shall be collected in the manner hereinafter provided. 

Section 2. The clerk of the district ty and in which such tax 
or taxes were voted to be raised, shall make out a tax list, and shall 
enter therein the names of the person or persons liable to pay such 
tax or taxes, and opposite to each such name, in separate columns 
prepared for that purpose, he shall enter the amount of personal 
property belonging to such person, the amount of tax thereon, the 
collection of which has been enjoined as aforesaid, a description of 
the real estate belonging to such person, the valuation thereof, and 
the amount of tax thereon, the collection of which has been enjoined 
as aforesaid. The names of such person or persons, the amount of 
such personal property, the description oi such real estate, the val- 
uation thereof, and the amount of such tax, shall be ascertained so 
far as possible from the assessment roll which was in the hands of 
the officer at the time the collection of such tax was enjoined. 

Section 3. The clerk of such district shall annex to such tax 
list a warrant under his hand, directed to the treasurer of such dis- 
trict, and commanding him, the said treasurer, to collect from each 
of the taxable persons and corporations named in such tax list, and 
the owners of real estate described therein, the several sums set 
opposite to the persons and corporations so named, and to the sev- 
eral tracts of land so described, within ten days from the date there- 
of, and within five days from the date of such warrant, personally 
to demand such tax of the persons charged therewith in such list, if 
they be found within his district, or upon the lands placed opposite 



14 

their respective names in such list ; and if any such tax shaU not 
be paid witnin five days, to collect the same by distress and sale 
of personal property, in the same manner as town treasurers are 
authorized to collect town and county taxe-s ; and the said treasurer 
shall execute said warrant and return the same to the clerk of such 
district, at the expiration of the time limited therein for the collec- 
tion of such tax list. 

Section 4. If any tax on real estate in any tax list delivered 
to the treasurer of any school district, shall remain unpaid at the 
time he is required by law 4 o return his warrant to the clerk of the 
district, such treasurer shall make out and deliver to the county 
treasurer of his county, a statement in writing, containing a de- 
scription of the lots and pieces of land upon which such tax remains 
so unpaid, together with the amount of tax assessed to each, and 
the name of the person to whom each lot or piece of land is as- 
sessed ; and he shall make and subscribe an affidavit to such state- 
ment before some justice of the peace, or other person authorized 
to administer oaths, that the taxes mentioned in such statement 
remain unpaid, and that after diligent efforts he has been unable to 
collect the same ; and whenever any school district shall embrace 
parts of more than one county, such treasurer shall make his return 
as aforesaid to the county treasurer of the county in which the lands 
upon which such tax remains so unpaid, shall be situated. 

Section 5. The county treasurer upon delivery to him of such 
statement, shall give a certificate to the district treasurer of the 
amount of taxes so remaining unpaid, as the same shall appear 
from the statement of such district treasurer, which certificate shall 
be deposited by the district treasurer with the district clerk, and 
shall be filed by such clerk. 

Section 6. The county treasurer immediately upon receiving 
such statement, shall proceed to advertise and sell the said lands 
upon which such taxes remain unpaid as aforesaid, as appears from 
such statement in the. same manner and with the like notice as he 
is authorized to sell lands for unpaid taxes returned to him by the 
town treasurer. 

Section 7. At any time within twenty days after such lands 
shall be sold as aforesaid by the county treasurer, the district treas- 
urer shall present to the county treasurer a copy of the certificate 
so delivered to him as aforesaid by the county treasurer, which said 
copy shall be certified to by the district clerk, and the county treas- 
urer shall pay to such district treasurer the amount of taxes due to 
such district, as soon thereafter as the same is collected. 

The above law applies to cases in which the collection of a 
school district tax being enjoined, the injunction is not dis- 
solved in time to permit the officer who holds the tax list to 
collect said tax. 



15 

Chapter 28 — Revised Statutes. 
SALE OF FALLEN TIMBER AND GRASS. 

Section 122. The town superintendent of schools* in each 
town, shall be authorized to sell the fallen timber and the grass 
growing upon any unsold school or university lands in his town, if 
such lands are not leased by the commissioners, and shall pay the 
proceeds thereof into the county treasury, for the benefit of the 
school and university fund, and shall immediately report the amount 
so paid, to the state treasurer. 

Chapter 165 — Revised Statutes. 
PROTECTION OF TIMBER AND MINERALS. 

Section 55. It is hereby made the especial duty of the superin- 
tendent* of schools, in each town, who may have knowledge of,or who 
may receive information of any offense mentioned in the two next 
preceding sections of this chapter [cutting timber or removing min- 
erals from school or university lands], to forthwith inform the dis- 
trict attorney of the county in which he resides, of the trespass 
committed, of the name of the trespasser or trespassers, and of the 
name of the witness or witnesses in the case. 

* The duties of the Town Superintendent in the ioregoing sections are devolved up- 
on the town clerk by sub-section 4 of section 10, chapter 179, laws of 1861. 



OF COMMON SCHOOLS, 



Ad of 1863. 
FORMATION OP SCHOOL-DISTRICTS. 

Section I.* The board of supervisors in each town in this 
state shall have power to form and alter school-districts in the man- 
ner hereinafter set forth : provided, that no school-district can or 
shall embrace more than thirty-six square miles of land. 

The size of school-districts cannot be more than thirty-six 
square miles, or sections (twenty-three thousand and forty 
acres). A district, however, may be of any convenient shape, 
provided it does not embrace more territory than the law 
allows ; and it is always desirable to have it as large as a due 
regard to the distance to be traveled to reach the school house 
will warrant. If the district be large and wealthy, the per 
cent, of taxation will be small, and the large number of 
children will frequently enable the board to grade the school. 
Thus economy and efficiency are promoted. But districts 
should be as compact in form as the natural features of the 
country will permit, and should be composed of contiguous 
territory. 

Section 2. The formation of a school-district shall be by 
written order of the board of supervisors, describing the territory 
embraced in such district, which order shall be filed with the town 
clerk, and it shall be the duty of the supervisors, within twenty 
days thereafter, to deliver to a taxable inhabitant of the district a 
notice in writing, describing its boundaries and appointing a time 
and place for the first district meeting. 

The order forming, altering or describing a school-district 
should be so complete and definite that a surveyor, at any fu - 

* Amended by chapter 50 general laws of 1868. 
2— Sch. Code, 



18 

ture day, may be able to run its boundaries without reference 
to any other document. Hence districts should be described 
by government surveys; but, if necessary, exterior lines may 
be denned by reference to natural features, such as rivers, 
creeks, marked trees, &c, or to highways or town lines. As 
a school-district consists of territory and not persons, the terri- 
tory should be so described that a change of ownership will not 
require a change in the description.* 

A taxable inhabitant is one who is liable to pay a tax, al- 
though no tax may have been assessed upon him. The time 
for holding the first meeting should not be fixed upon a day 
earlier than that upon which the order forming the district goes 
into effect. Iu case a new district is formed out of the territory 
taken from an old one, the order does not go into effect until 
three months after it is made, without the consent of the dis- 
trict from which such territory was taken. It should be dis- 
tinctly understood that nothing can be done towards actually 
organizing a new district, beyond the giving of the notice for the 
first meeting, until the order of formation takes effect ; and 
other districts from which territory may be taken remain pre- 
cisely as they were, until that time. In the case of a joint dis- 
trict, the order of formation, and the notice for the first meet- 
ing, must be signed by a majority of the supervisors of each 
of the towns in which a part of said joint district is situated. f 

The legal organization of a district requires that all orders 
relating to the action of the supervisors in forming it, shall be 
recorded in the offices of the clerks of those towns in which 
any part of such district is situated. 

'The formation of joint districts should be avoided, except 
in those cases in which there are strong reasons for organizing 
them. 

Section 3. The supervisors shall, in such notice, direct such 
inhabitant to notify every qualified voter of the district, either per- 
sonally or by leaving a written notice at his place of residence, of 
the time and place of such meeting, at least five days beiore the 

•See form No. 1. 
tSee form No. 2. 



19 

time appointed therefor ; and it shall be the duty of such inhabi " 
tant to notify the voters of such district, agreeably to the require- 
ments of said notice, and indorse thereon a return containing the 
names of the persons by him notified ; and said notice and return 
shall be recorded as a part of the record of the first meeting in such 
district. 

The notice should be read in the hearing of each voter, bat 
when this is impracticable, a copy of the notice left at his resi- 
dence will answer the requirements of the law.* The notice 
should be given to every inhabitant having any pretensions to 
a right to vote. The notice does not determine the right of 
voting, and hence whether the person giving the notice con- 
siders another qualified or not is of no importance. 

The return of the person directed to give the notice should 
be indorsed upon the notice and signed by the person making 
it. It should be produced at the meeting and filed with the 
records of the district. It is, however, not the only evidence 
of the legality of the proceedings of the meeting. In its ab- 
sence, secondary evidence might establish the facts upon which 
the legality of the meeting depends. 

In computing statute time, the first day, or the day on which 
the time begins to run, is to be excluded. The notice should 
therefore be given as early as the sixth day before the meeting, 
and the manner in which it is given should be clearly set forth 
in the return. The supreme court of Massachusetts, in regard 
to a similar notice, says : " when the selectmen direct a warrant 
for calling a school-district meeting, to a proper person, he is 
made a returning officer for that occasion. All returning offi- 
cers are ministerial, and are bound to set forth in their returns 
all the acts done by them, that the proper tribunal may judge 
of their sufficiency. They are not competent to judge of the 
legality of a notice or service ; and a return that a precept had 
been legally served, or that the duty enjoined by the warrant 
had been duly performed, would most clearly be insufficient" 

Section 4. In case such notice shall not be given, or the inhab- 
tants of a district shall neglect or refuse to assemble or form a dis- 

* See form No. 3. 



20 

trict meeting when so notified, or in case any school-district having 
been formed or organized shall afterwards be dissolved, so that no 
competent authority shall exist therein to call a special meeting in 
the manner hereinafter provided, notice shall be given by the town 
supervisors, and served in the manner prescribed in the preceding 
section."* 

The power of the supervisors to call a meeting after a dis- 
trict has been organized by the election of officers, is limited, 
so far as this section is concerned, to the case of no authority 
existing to call a meeting therein. If the offices of a district 
.have all become vacant, it is the duty of the supervisors to- 
call a meeting, as provided in section three. 

Section 5. Whenever a district meeting shall be called in the 
manner prescribed in the preceding sestions of this chapter, it shall 
be the duty of the electors of the district to assemble at the time 
and place mentioned in such notice. 

The " electors of the district " are such persons as are quali- 
fied to vote at a general election for state and county officers., 
and who who have resided in the- district for the last ten days 
preceding the meeting. 

It is the duty of all electors to attend the district meetings; 
but the acts of those who assemble are valid and binding up- 
on those who neglect to perform their dut} r . . It is also the duty 
of those who may have received no formal notice of a district 
meeting to attend the same, if they have learned the time and 
place at which it is to be held. An unintentional neglect to- 
give notice to some of those entitled to receive it will not in- 
validate the proceedings. They may, however,, be set aside on 
appeal, if sufficient cause can be shown. 

Section 6. Every school-district shall be deemed duly organized 
when any two of the officers elected at the first legal meeting thereof 
shall have consented to serve in the offices to which they have been 
respectively elected, by a written acceptance thereof, filed with the 
clerk and recorded by him; and every school-district shall be con- 
sidered as legally organized, after it shall have exercised the fran- 
chises^and privileges of a district for the term of two years. 

The first business, after the district meeting is organized, is 
the election of officers. The reason for this is, that none but 

* See form Ijfo. &. 



21 

* 

organized districts can transact business, and no district is 
fully organized until it has officers. The written acceptance 
of the trust is evidence that the officers elected will serve. 
These acceptances should be made a part of the records of the 
meeting. In case they cannot be obtained within a reasonable 
time, the meeting may adjourn to some certain time sufficient 
for procuring them. The time for which the meeting adjourns 
must not be greater than a month. No notice for an adjourned 
meeting is required, unless the adjournment is for a longer 
period than one month. A meeting may order its clerk to 
give notice of an adjourned meeting, in order to secure a full 
attendance of the electors; but any neglect to execute such 
order would not invalidate the proceedings of such adjourned 
meeting. If the persons elected refuse to serve, the meeting 
may proceed to elect others. All the powers conferred by law 
upon the voters at an annual meeting, are possessed and may 
be exercised by them at the first meeting. 

Every district having exercised the powers and enjoyed the 
privileges of a school-districtfor two years, is held to be legally 
organized, notwithstanding any informality of proceeding in 
its organization. Until its organization is set aside by compe- 
tent authority, it is the duty of its officers to comply with all 
the requirements of the school law. It is sufficient for them 
to know that it is a district de facto. After two years have 
elapsed, its organization cannot be set aside on account of any 
alleged informality by any person or officer. 

CORPORATE POWERS OP SCHOOL-DISTRICTS. 

Section 7. Every school-district organized iD pursuance of this 
chapter, or which has been organized under any previous law of the 
state or territory of Wisconsin, shall be a body corporate, and shall 
possess the usual powers of a corporation for public purposes, by 
the name and style of "school-district number ," (such num- 
ber as shall be designated by the town supervisors in the formation 

thereof,) " of ," (the name of the town or towns in which the 

district is situated,) and in that name shall sue and be sued, and be 
capable of contracting and being contracted with, and of holding 
such real and personal estate as is authorized to be purchased by the 
provisions of this chapter, and of selling the same. 



22 

All contracts made with a school-district ; all suits brought 
by the district, and all writings in which a district is a party, 
require that the name of the district should be mentioned : 
e. g., School- district number four, town of Lincoln, Polk county. 
When district officers are specifically empowered by law to act, 
their names may be mentioned. The district, as a corporate 
body, has perpetual succession and existence by its corporate 
name, and may hold real and personal estate for its corporate 
purposes. It is a body created by law, and is wholly distinct 
from the individuals that may from time to time compose it. 
A school-district does not become dissolved, or lose any of its 
rights, or become discharged of its obligations, by a change of 
its name, number or boundaries. (School-district No. 3 vs. 
Macloon, 4W.R, 79.) 

QUALIFICATIONS OF VOTERS. 

Section 8. Every person shall be entitled to vote in any school- 
district meeting of this state, who is qualified to vote at a general 
election for state aod county officers, and who shall have resided for 
the last ten days in the district where he may offer to vote. 

The qualifications of voters at a general election are declared 
by chapter 7 of the revised statutes, as amended by chapter 47 
of the general laws of 1861, to be as follows : 

Section 1, Every male person of the age of twenty-one years 
or upwards, belonging to either of the following classes, who shall 
have re3ided in the state for one year next preceding any election, 
shall be deemed a qualified voter at such election : 

1. White citizens of the United States. 

2. White persons of foreign birth who shall have declared 
their intention to become citizens, conformably to the laws of the 
United States on the subject of naturalization. 

3. Persons of Indian blood, who have once been declared by 
law of congress to be citizens of the United States, any subsequent 
law of congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent, not members of any 
trfhe. 

Section 2. No person under guardianship, non compos mentis, 
or insane, shall be qualified to vote at any election ; nor shall any 
person convicted of treason, felcny or bribery, unless restored to 
civil rights ; nor shall any person who, being an inhabitant of this 
state, m ay hereafter be engaged, directly or indirectly, in a duel, 



23 

eitber as principal or accessory, be permitted to vote at any elec- 
tion ; nor shall any person who shall have made or become directly 
or indirectly interested in any bet or wager, depending upon the re- 
sult of any election at which he shall offer to vote, be permitted to 
vote at such election. Nor shad any person be deemed to have 
gained a residence in any town or ward in ibis state, so as to entitle 
him to vote at any election in such town or ward, by remaining in 
such town or ward as a pauper, supported by the town or county 
in which he shall be living at the time of such election ; and no 
person shall be deemed to have lost his residence in any town or ward 
by remaining in any other town or ward as such pauper. 

The right of suffrage was extended by chapter 187, laws of 
1819, to male colored inhabitants of this state over twenty-one 
years of age ; that act having been duly submitted to a vote of 
the people at a general election in 1819, pursuant to section 1, 
article III, of the constitution of this state, and having been 
"approved by a majority of all the votes cast at such, election." 
The supreme court held, in the case of Gillespie vs. Palmer, 
that " by a majority of all the votes cast at such election," as 
those words are used in section 1 of article III, of the state 
constitution, is meant a majority of all the votes on that subject, 
cast at such election. 

The question of residence is important, with respect to the 
right of voting, holding district offices, and enumeration of 
pupils. 

Inhabitancy and residence do not mean precisely the same 
thing as domicil, when the latter term is applied to successions 
to personal estate, but they mean a fixed and permanent abode 
or dwelling place for the time being, as contra-distinguished 
from a mere temporary locality of existence. (8 Wendell, N. Y. 
R, 140.) 

Actual residence is not indispensable to retaining a domicil, 
but it is retained by the absence of any present intention of 
removing therefrom, as well as by the intention not to change 
it or adopt another. An intention to remove does not affect 
the domicil, unless such intention is carried into effect. The 
rule is that a domicil once acquired remains until a new one is 
acquired. The law supposes every person to have a domicil 



24 - 

somewhere ; and lie can have only one domicil at one and the 
same time. In determining the domicil it is held, (23 Picker- 
ing, Mass. R, 178) that " the place of a man's dwelling house 
is first regarded, in contradistinction to any place of business, 
trade or occupation. If he has more than one dwelling house, 
that in which he sleeps or passes his nights, if it can be dis- 
tinguished, will govern. And if the dwelling house is partly 
in one place and partly in another, the occupant must be 
deemed to dwell in that town in which he habitually sleeps, if 
it can be ascertained." 

Section 30 of chapter 7 of the revised statutes, as amended 
by chapter 471 of the general laws of 1864, provides the fol- 
lowing rules for governing inspectors in determining the resi- 
dence of electors : 

Section 30. The inspectors of election in determining the resi- 
dence of a person offering to vote, shall be governed by the following 
rules, so far as they may be applicable : 

First. That place shall be considered and held to be the resi- 
dence of a person, in which his habitation is fixed, without any 
present intention of removing therefrom, and to which, whenever he 
is absent, he has the intention of returning. 

Second. A person shall not be considered or held to have lost 
his residence, who shall leave his home and go into another state, 
or county, town or ward of this state, for temporary purposes 
merely, with an intention of returning. 

Third. A person shall not be considered to have gained a resi- 
dence in any county, town or ward of this state, into which he shall 
have come for temporary purposes merely. 

Fourth. If a person remove to another state with an intention 
to make it his permanent residence, he shall be considered and held 
to have lost his residence in this state. 

Fifth. If a person remove to another state with the intention 
of remaining there an indefinite time, and as a place of present 
residence, he shall be considered and held to have lost his residence 
in this state, notwithstanding he may entertain an intention to 
return at some future period. 

Sixth. The place where a married man's family resides shall 
generally be considered and held to be his residence ; but if it is a 
place of temporary establishment for his family, or for transient 
objects, it shall be otherwise. 

Seventh. If a married man has his family fixed in one place, and 
he does his business in another, the former shall be considered and 
held to be the place of his residence. 



25 

Eighth. The mere intention to acquire a new residence, without 
the faef". of removal, shall avail nothing, neither shall the fact of 
removal without intention. 

Ninth. If a person shall go into another state, and while there 
exercise the right of a citizen by voting, he shall be considered and 
held to have lost his residence in this state. No soldier's residence 
shall be deemed to be changed for any purpose whatever, by reason 
of his having received a loeal bcunty from and having been credited 
upon the quota or quotas of a town, ward or city other than that 
in which such soldier actually resided at the time of volunteering ; 
. but for the purpose of exercising the right of suffrage in accordance 
with the provisions ©f chapter eleven of the laws passed at 
the extra session of 1862, and chapter fifty-nine of the general laws 
of 1863, or either of said acts, and for all other purposes, every 
such soldier shall be deemed to be a resident of the town, ward or 
city in which lie had a legal residence at the time of volunteering. 

CHALLENGING VOTES, 

Section 9. If any person offering to vote at a school-district 
meeting shall be challenged as unqualified by any legal voter in such 
district, the chairman presiding at such meeting shall declare to tho 
person challenged the qualifications of a voter ; and if such person 
shall declare that he is a voter, and if such challenge shall not be 
withdrawn, the chairman shall tender him the following oath or af- 
firmation : " You do solemnly swear, (or affirm, as tne case may 
be,) that you have been an actual resident of this school-district 
for the last ten days, and that you are qualified according to law to 
vote at this meeting." And every person taking such oath or af- 
firmation, shall be permitted to vote on all questions proposed at 
such meeting ; but if the person shall refuse to take such oath or 
affirmation, his vote shall be rejected. 

The following will aid in determining the " qualifications of 
a voter," although ,the chairman of a district meeting cannot 
require the person challenged, to' answer, under oath, the ques- 
tions. This power is vested only in inspectors of election. 
Section 34 of chapter 7 of the revised statutes, as amended by 
section 1 of chapter 30 of the general laws of 1866, prescribes 
the duties of inspectors of election, in case a person offering a 
vote is challenged : 

Section 34. If a person offering to vote is challenged as un- 
qualified by any elector, or by one of the inspectors of the election, 
one of the inspectors shall tender to him the following oath or affir- 
mation : " You do swear, (or affirm,) that you will fully and truly 
answer all such questions as shall be put to you touching your place 
of residence and qualifications as an elector of this election. 



26 

First. If the person be challenged as unqualified on the ground 
chat he is not a citizen, and has not declared his intention to become 
a citizen, the inspectors, or one of them, shall put the following 
questions : 

1. Are you a citizen of the United States ? If no, then — 

2. Have you declared your intention to become a citizen of the 
United States, conformably to the laws of the United States? 

3. When and where did you declare your intention to become a 
citizen of the United States? 

Second. If the person be challenged as unqualified on the 
ground that he has not resided in this state for one year immediately 
prectding the election, the inspectors, or one of them, shall put the 
following questions : 

1. How long have you resided in this state immediately preceding 
this election ? 

2. Have you been absent from this state within the year immedi- 
ately preceding this election? If yes, then — 

3. When you left did you leave for a temporary purpose, with the 
design of returning, or for the purpose of remaining away ? 

4. What state or territory did you regard as your home while ab- 
sent ? 

5. Did you, while absent, vote in any other state or territory ? 
Third. If the person be challenged as unqualified on the ground 

that he is not a resident of the county, town or ward where he 
offers his vote, the inspectors, or one of them, shall put the follow- 
ing questions : 

1. When did you last come into this county, town or ward? 

2. Did you come for a temporary purpose merely, or for the pur- 
pose of making it your home? 

3. Did you come into this county for the purpose of voting in 
this county? 

4. Are you now an actual resident ot this county or ward, and 
what is the particular description, name and location of your place 
of residence? 

Four'h. If the person be challenged as unqualified on the ground 
that he is not twenty-one years of age, the inspectors, or one of 
them, shall put the following questions : 

1. Are you twenty-one years of age to the best of your knowl- 
edge and belief? 

Fifth. If the person be challenged as a deserter from the mili- 
tary or naval service of the United States, or for having departed 
the jurisdiction of the enrolling district, the inspectors, or one of 
them, shall put to him the following questions : 

1. Did you ever belong to the military or naval service of the 
United States? 

2. If yea, did you desert such service before the eleventh day 
of March, A. D. 1865 ? 

3. If you deserted before that date, did you return to such scr- 



27 

vice, or report yourself to a provost marshal, on or before the tenth 
day of May, A. D. 1865 ? 

4. Did you desert such service after the eleventh day of May, 
A. D. 1865? 

5. Did you, being duly enrolled as subject to any draft into 
the military or naval service of the Unite 1 States, duly ordered, 
depart from the district in which you were so enrolled, or go beyond 
the limits of the United States, with intent to avoid any such draft? 

The inspectors of election, or one of them, shall put all 
other questions to the person challenged, under the respective 
heads aforesaid, as may be necessary to test his qualifications 
as an elector at that election.' 

If a person who is unqualified is allowed to vote without 
being challenged, those objecting to the proceedings must 
show that they did not know him to be unqualified. A chal- 
lenge should be interposed at the first instance in which such 
person offers his vote, for it is not just for one to avail himself 
of a vote so long as it is cast so as to carry out his views, and 
then be permitted to object when the voter differs with the 
challenger. 

The chairman of a district meeting has no right, under the 
statute, to prohibit from voting, any male person who takes 
the oath required by law. It will, however, be competent for 
the superintendent of public instruction to correct and set 
aside all proceedings carried by votes clearly illegal, if the re- 
sult depends upon them. It is the duty of the chairman of 
the district meeting to permit any person challenged, to take 
the oath required by law, and a refusal on his part to perform 
this duty will be considered good ground for setting aside 
the proceedings of the meeting. 

Proceedings will not be set aside on account of illegal votes, 
unless a different result would have followed the exclusion of 
such votes. "The mere circumstance that improper votes are 
received at an election will not vitiate it. The fact should be 
shown affirmatively, that a sufficient number of improper votes 
was received for the successful ticket, to reduce it to a minor- 
ity if they had been rejected ; or the election shall stand." (7 
Cowan, 1ST. Y.) 



28 

If the nominee for chairman is challenged, the person mak- 
ing the nomination usually acts as temporary chairman, and 
should require the person challenged to take the oath pre- 
scribed by the statute. 

ALTERATION OF SCHOOL-DISTRICTS. 

Section 10. Whenever the town supervisors shall contemplate 
an alteration of the boundaries of a school-district, they shall give 
at least five days' notice in writing to tte clerk of the district or 
districts to be affected thereby, stating in such notice the time and 
place when and where they will be present to hear and decide upon 
such proposed alteration ; and it shall be the duty of such clerk or 
clerks immediately to notify the other members of the board.* 

A district should, when practicable, embrace wealth and 
population sufficient to sustain a good school without resorting 
to burthensome taxation. The common desire for small districts 
should not be gratified at the expense of the welfare of the 
school. It is better that children should travel two or even 
three miles to attend a good school, than half a mile to"attend 
a poor one. 

A written admission of service of the notice required by 
law, or the return of the person serving the notice, 
should be annexed to every order of alteration, and filed 
with it in the office of the town clerk, so that a complete his- 
tory of the transaction may be preserved. 

Great care should be exercised in. giving the preliminary 
notices of alterations proposed, as the want of this may render 
the proceedings of the supervisors illegal, and lead to an ap- 
peal. 

Section 11. f In all cases where an alteration of the boundaries 
of a school-district shall be made, the town supervisors shall, within 
three days thereafter, give notice thereof by filing a copy of the 
order so altering the same with the town clerk, and with the clerk 
of the district or districts affected by such alteration ; and no alter- 
ation of any school-district made without the consent of a majority 
of the district board ; indorsed on such order, shall take effect until 
three months after notice given, as above specified, unless such al- 
teration is made in compliance with the order of the state superin- 

* See form No. 8. 

t Amended by chapter 108 of general laws of 1868. See Form No. 9. 



29 

tendent of public instruction, given in the decision of an appeal 
regularly taken ; nor shall any alteration of an organized district 
be made to take effect between the first day of December in any one 
year and the first day of April following. 

Delay in giving the notice required in this section does not 
render the previous action of the supervisors illegal, as it is 
merely matter of information of an act done : nevertheless, 
the notice should be promptly given. ^ 

Copies of all orders making alterations in joint districts 
must be filed in the offices of the clerks of those towns of 
which the districts altered constitute a part, even though such 
alterations may not affect persons residing in all the towns 
where such copies are filed. If unoccupied territory is taken 
from one district and attached to another in a different town, 
the order signed by a majority of the supervisors of each of 
the towns, must be recorded in both. Unless such record is 
made, the supervisors of one town are unable to know the 
boundaries of a joint district, without consulting the records 
of another town in which they have no control. 

Usually the action of the supervisors will be based upon 
petition, but there is nothing in the law forbidding them to act 
without, when in their judgment the interests of education re- 
quire it. It is their duty to make such alterations as will best 
promote the welfare of the public schools, even though not 
asked to do it, As a general rule, however, they will seek to 
consolidate rather than to divide districts, to make them as large 
as practicable, and to avoid joint districts, unless very neces- 
sary. 

The order of alteration is an official act, and must result 
from a resolution of a majority of the board, adopted at a 
meeting at which all are present, or of which all have been 
notified. A due sense of propriety, however, will lead a su- 
pervisor having a personal interest in any proposed alteration 
of a district to avoid acting in that case. It is better that the 
other members of the board should decide it without his pres- 
ence. At the same time it is not illegal for him to be present 



30 

and vote, and proceedings cannot be set aside on appeal on 
this account. 

When a district is formed, wholly or in part, out of terri- 
tory comprised in districts already organized, and the district 
board of any district from which a portion of the territory em- 
braced in the new district is taken, refuse to consent to tne al- 
teration, the order of the supervisors does not take effect till 
three months after it istissued, and they are not obliged to de- 
liver the notice to a taxable inhabitant, calling the first meet- 
ing of the voters of the new district, till twenty days after 
said order takes effect ; but such notice may be given at any 
time after the order is issued, provided that it does not call the 
meeting until the three months have expired, as no action can 
be taken by the voters of the new district until the order of 
formation takes effect, for the reason that before that time there 
is no new district, and the people and territory retain the same 
condition and sustain the same relations that tbey did before 
the order forming the new di tract was issued. These remarks 
apply also to cases in which new districts are formed between 
the first day of December and tho first clay of April following. 

DIVISION Ok' PROPERTY. 
i 

Section 12. When a new district is formed, in whole or in part 
from cue o. more districts possessed of a school-house or entitled to 
other property, the f .own supervisors, at the time of forming^uch 
new district, shall ascertain and determine the proportion of the 
value of the schocl-b ^use and other property justly due to such 
Eew district. 

Section 13. Sue.i proportion shall be ascertained and deter- 
mined according to the value of the taxable property of the respec- 
tive parts of such former district at the time of the division, by the 
lest evidence within the reach of the town supervisors ; and such 
amount of any debt due from the former district, which would have 
been a charge upon the new, had it remained in the former district, 
shall be deducted from such proportion. 

Section 14. The supervisors shall certify to the district clerk 
of the district retaining the school-house or other property, the 
amount ascertained by them as the proportion to be paid to the 
new district, and such amount shall be embodied in the statement of 
taxes required by section sixty-two of this chapter to be made by 
the district clerk to the tow» clerk, on the first Monday in No- 



31 

vember, in each year, and when collected shall be paid to the treas- 
urer of the new district, to be applied towards procuring a school 
house for such district ; and the money so paid to the new district 
shall be allowed to the ciedit of the taxable property taken from 
the former district in reduction of any tax that may be imposed on 
said taxable property in the new district for the building of a 
school-house : provided, that in case the new district shall have 
raised a tax and erected or provided for itself a school-house, before 
the former district shall have raised and paid over to the treasurer 
of the new district the amount in this section provided to be raised 
and paid over, it shall be the duty of the treasurer of the new dis- 
trict, in whose hands said amount so paid over may at any time 
remain, to pay over, on demand, the sum so paid him or his prede- 
cessor by the former district, to the individuals to whose credit the 
same would have gone had said sum been raised and paid over by the 
former district before the said school-house was erected or provided 
by the new district ; and should such treasurer refuse, on demand 
by any party entitled thereto, to pay over to him his just proportion 
of said amount, the same may be collected in a suit at law by said 
party, upon the official bond of said treasurer.* 

These three sections have reference to cases in which new 
districts are formed from territory detached from districts pos- 
sessed of a school-house or other property. When territory is 
taken from one district and attached to another, no claim will 
lie against the old district on account of property. The gain 
is held to be equal to the loss in the transfer. 

By "property" is meant lands, tenements, hereditaments, 
money, goods, chattels, things in action and evidences of 
debt. 

The appraisal and awa,rd should be made at the time of the 
formation of the new district ; but if this duty is neglected by 
the supervisors, the claims growing out of their action may be 
collected at any time thereafter. 

No vote of the old district is required to raise the amount 
to which the new district becomes entitled under the action 
contemplated by section twelve. This tax cannot be collected 
as a special district tax. 

In case the new district shall decide to build a school-house, 
and shall raise a tax for this purpose, the law provides that 
the amount paid' by the old district, shall be paid to the per- 

* See Form No. 10. 



32 

sons liable to be taxed, residing in that part of the new dis- 
trict formerly belonging to the old, so as to equal the abate- 
ment that would have been made in the tax levied upon the 
property of such persons, had the tax contemplated by section 
fourteen been raised and paid over, before the school-house 
tax for the new district was levied. 

The money raised by the old district and paid over accord- 
ing to law, must be exclusively applied to procuring a school* 
house for the new district. 

FORMATION OF JOINT DISTRICTS. 

Section 15. Whenever it shall be necessary to form a new dis- 
trict from two or more adjoining towns, the supervisors of such 
adjoining towns shall meet together and form such district, and 
deliver the notice of formation to a taxable inhabitant of such dis- 
trict, whose duty it shall be to serve such notice as provided in the 
third section of this chapter ; and any district so iormed may be 
altered or regulated by the joint action of the supervisors of all the 
towns forming such district, in the same manner that other districts 
are altered and regulated. 

The law requires, in special terms, that the supervisors of all 
towns to be affected by any contemplated action shall meet 
together. This is necessary in order to secure the delibera- 
tion required. An order forming a joint district must be sign- 
ed by a majority of the supervisors of each of the towns in 
which any part of said district is situated. If a joint district 
is to be altered so as to form a new district, the order dissolv- 
ing the old district must be signed by a majority of the super- 
visors of each of the towns affected, and the order forming 
the new district must also be signed by a majority of the 
supervisors of each town that contains a part of said new dis- 
trict. 

If it is more convenient to make the order of dissolution and 
of formation one and the same, it will be valid if it bears the 
signatures that each part of the work requires. The fact 
that a paper bears signatures not required does not invalidate 
it, if it has those which the law requires. The same rule ap- 
plies to orders of appraisal of property, that holds in respect 



33 

to orders of alteration. All notices of time and place '"of 
meeting to hear and determine upon the alteration of joint 
districts must bear the signatures of a majority of the su- 
pervisors of each of the towns interested in the proposed al- 
teration.* * 

DISORGANIZATION OF DISTRICTS. 

Section 16. Whenever any district shall become disorganized 
by the operation of the law in relation to the alteration of districts, 
the supervisors shall take charge of the property belonging to the 
district at the time of its disorganization, dispose of the same by 
grant or otherwise, and apply the proceeds to the discharge of its 
debts, paying over the balance, if any, to the treasurers of the dis- 
tricts to which the territory has been attached, in proportion to the 
valuation of the property so attached to each, as appears from the 
last assessment rcll of the town. 

Districts do not become disorganized because they fail to 
elect officers and maintain a school ; but they may lose their 
organizations by such alterations of boundaries as shall attach 
all their territory to other districts. If two districts are con- 
solidated, the public money which either may have in the 
hands of the town treasurer, or in the hands of its own 
treasurer, unexpended, becomes applicable to the payment of 
teachers' wages in the consolidated district. If there is any 
money due to a teacher of either of the districts consolidated, 
it should be drawn before the order of consolidation takes 
effect. 

A district is annulled only when its parts are attached to 
other districts so that rib part of the original district remains. 
If any part of it remains as a distinct district, although its 
name and number may be changed, it is not annulled or dis- 
organized in the sense contemplated by law. (See remark at 
the close of the comment on section 7, p. 22.) 

In case a joint district is disorganized, the supervisors of 
the towns in which the different parts of such district are 
situated, should unite in the sale of all the property, and in 
executing the deeds of the real estate. 

* See forms Nos. 2, 8, 4 and 6. 
3— Sch. Code. 



If the supervisors proceed to sell any property formerly be- 
longing to a district that has become disorganized, they should 
require cash payment, and should give notice that a condition 
of the sale is the full payment within a limited number of 
hours — and th*at if such payment is not made, the property 
■will be offered again for sale without further notice. All 
conditions of sale should be mentioned in the posted notices. 

The supervisors are first to apply the proceeds- of the sales 
to the payment of the debts of the district disorganized. 
These debts must be ascertained from the district board of 
such district, and no money should be paid except upon a 
written order of a majority of the district board. If debts are 
claimed, which a majority of the district board will not admit, 
the amount thus claimed may be retained by the supervisors, 
until the legal proceedings commenced for the collection of the 
same, shall have been concluded. 

The last assessment roll is that upon which a tax has been 
or may be legally raised, and should be made the basis for the 
apportionment of the balance of money remaining after all the 
debts of a disorganized district are paid. In case there is an un- 
expended tax found in the hands of the treasurer of the disor- 
ganized district, the equitable mode of distribution would seem 
to be to pay over to the treasurers of the districts to which 
the territor}^ has been attached, the proportionate amount 
contributed by such territory. If, however, there is 
found belonging to the disorganized district money 
derived from the town tax for schools, or from the 
income of the common school fund, such money should 
be distributed to the districts in proportion to the num- 
ber of children over four and under twenty y ears of age, re- 
siding in the parts annexed to them respectively. 

Though the statute specifies no time within which the su- 
pervisors are required to perform their duties under this sec- 
! tion, there can be no valid reason for any longer delay than is 
, necessary to ascertain the outstanding liabilities. If pending 



35 

litigation puts it out of their power to act' immediately, they 
should improve the earliest favorable opportunity to settle the 
affairs of the district. 

ANNUAL SCHOOL MEETING. 

Section 17. The annual meeting of each school-district shall be 
held on the last Monday of September, in each year. The hour of 
such meeting shall be seven o'clock in the afternoon, unless other- 
wise provided by a vote of the district, duly recorded, at the last 
previous annual meeting : Provided, That at any annual meeting 
of a school-district, held after the passage of this act, a majority of 
the electors present may determine that the annual meeting of such 
district be held on the last Monday of August, in each year, said 
determination to take effect when a copy of the proceedings of said 
annual meeting in reference'to such change, shall have been filed 
wih the town clerk of the town in which said district, or (in case of 
a joint district), in which the school house of such district is situa- 
ted, and to remain in force until rescinded by a vote of a majority of 
the electors of said district present at a legal meeting ; the meeting 
held in pursuance of such determination, to be deemed the legal 
annual meeting of said district, the same as if held on the last 
Monday of September, in each year. 

By vote of the district at any annual meeting, the day for 
holding said meeeting may be changed from the last Monday 
of September to the last Monday of August, It is desirable 
that this change should be made, in order that the report of the 
clerk and treasurer may be laid before the people, previously to 
the time for making the annual report to the town clerk. The 
change cannot take effect until a copy of the proceedings is 
filed as directed. To take the vote merely to change, is not 
enough. Trouble is very likely to arise if the filing is neg- 
lected. 

The hour of meeting may be changed by a vote of the dis- 
trict at an annual meeting, but such vote can bear only on the 
next ensuing annual meeting. If no other hour is determined 
by vote, seven o'clock in the afternoon is the hour fixed by law. 

ANNUAL MEETING IN DISTRICTS HAVING GRADED SCHOOLS. 

Chapter 23 of the general laws of 1868, as amended by 
chapter 6 of the general laws of 1869, provides as follows : 



36 

" Section 1. The annual meeting of all school-districts in 
which graded schools of two or more departments are taught, shall 
he held on the second Monday of July in each year, at seven o'clock 
in the afternoon. 

Section 2. It shall be the duty of the district clerk of any 
school district in which such graded school is taught, to give not 
less than ten days notice of the time and place of holding such an- 
nual meeting, but the neglect of the clerk to give such notice shall 
not invalidate the acts of any annual meeting held under the pro- 
visions of this act." 

Section 18. No annual meeting shall be deemed illegal for want 
of due notice, unless it shall appear that the omission to give such 
notice was willful and fraudulent. 

Every precaution should be taken to insure a proper notice, 
and an omission to do so resulting from carelessness or ignor- 
ance is, in a certain sense, fraudulent. Action of an annual 
meeting held without due notice is looked upon with suspicion, 
and the superintendent of public instruction will not hesitate 
to sustain an appeal taken from such action, when it is made 
to appear that no proper opportunity has been afforded the 
people of a district to express their will. 

powers of a district at a school meeting. 

Section 19. Tho inhabitants qualified by law to vote at a 
school-district meeting, when assembled at the first and each annual 
meeting in their di-trict, shall have power, 

First. To appoint a chairman for the time being. 

Second. To adjourn from time to time a3 occasion may require. 

Third. To choose a director, treasurer and clerk. 

Fourth. To designate a site for a district school house. 

Fifth. To vote such a tax on the taxable property of the district 
as the meeting shall deem sufficient to purchase or lease a suitable 
site tor a school-house, to build, hire or purchase such sohool-house, 
and to keep in repair and furnish the same with the necessary fuel 
and appendages: provided, that no district containing a popula- 
lation of less than two hundred and fifty inhabitants shall have 
power to levy and collect a tax for building, hiring or purchasing a 
school-house, of more than six hundred dollars in any one year, 
unless the supervisors of the town in which such school house is 
to be situated, shall certify in writing that in their opinion a larger 
sum should be raised, and bhall specify such sum, in which case an 
amount not exceeding the sum specified may be raised : provided, 
farther, that no district shall have power to raise and collect in any 
one year, for the purposes above specified, more than one thousand 
dollars, unless the supervisors shall certify as above set forth. 



87 

Sixth* To vote a tax on the taxable property of the district, of 
such sum as the meeting shall deem proper tor the payment of teach- 
ers' wages in the district : provided, that no district containing a 
population of less than two hundred and fifty inhabitants, shall have 
po'wer to levy and collect a tax for school purposes, other than for 
the purposes prescribed in the fifth subdivision of this section, in 
such district, cf more than five hundred dollars in any one year; 
and provided further, that in case any district shall not at its an- 
nual meeting, or at a special meeting held subsequent to the anoual 
meeting and prior to the third Monday in November, vote a tax 
sufficient to maintain a school in said district the ensuing year for 
the term of five months; then the district board shall have power, 
and it shall be their duty, to estimate and determine the sum neces- 
sary to bt raised to maintain such schocl ; and the diatrict clerk 
shall certify to the town clerk the amount thus determined upon, 
who shall assess the same as other taxes are assessed. If, when a 
district shall have faikd to vote a tax for special purposes, any dis- 
trict board shall willfully refuse or neglect to estimate and deter 
mine a sum sufficient to maintain a school for five months as afore- 
said, each member of the board thus refusing or neglecting shall be 
deemed guilty of a misdemeanor, and shall be liable to a penalty 
of not less than fifty nor more than one hundred dollars, or to im- 
prisonment in the county jail net less than one month nor more 
than three months ; and when any district board shall have esti- 
mated and determined the sum necessary to maintain a school for 
five months the ensuing year, any district clerk who shall wilfully 
refuse or neglect to certify such sum to the town chrk in time to 
have the same embodied in the assessment roll for that year, shall 
be deemed guilty of a misdemeanor and shall be liable to a penalty 
of not more than one hundred dollars nor less than fifty dollars. 

Seventh. To authorize and diiect the sale of any school-house, 
site, or other property belonging to the district, when tne same shall 
be no longer needed for the use of the district. 

Eighth. To impose such a tax as may be necessary to discharge 
any debts or liabilities of the district, lawfully incurred. 

Alinth. To vote a tax not exceeding seventy-five dollars in any 
one year, for the purchase of maps, blackboards, and apparatus for 
illus: rating the natural sciences. 

Tenth. To vote a tax on the district, not exceeding one hundred 
dollars in any one year, for a district library, consisting of such 
books as they may direct their district board, at a district meeting, 
to purchase ; said books to be selected under the advice of the state 
superintendent of public instruction : provided, that any schooi- 
district having less than two hundred children of school age, shall 
not vote a tax on the district exceeding fifty dollars in any one year 
for such library. 

Eleventh. To authorize the district board to admit to the privi- 
leges of the school, persons over twenty years of age, and persons 

* Amended by chapter 182, general laws of 1868. 



38 

not residing in the district, whenever such admission will not inter- 
fere with the accommodation or instruction of the scholars residing 
therein, and to fix a fee for tuiiion per term, quarter or year, to be 
charged to the persons thus admitted. 

Twelfth. To determine the length of time a school shall be 
taught in their district the then ensuing year, which shall not be 
less than five months, and whether such school shall be taught ky a 
male or female teacher, or both, and whether the school moneys to 
which the district is entitled from the incoixe of the school fund, and 
from the town, shall be applied to the support of the summer or 
winter school, or a certain portion to each ; but if such matters 
shall not be determined at the annual meeting, the district board 
shall determine the same. 

Thirteenth. To give such direction and make such provision as 
may be deemed necessary in relation to the prosecution or defense 
of any action or proceeding in which the district may be a party, or 
may be in:erested. 

Fourteenth. Tc alter, repeal and modify their proceedings, as 
occasion may require. 

For qualfications of voters at a school-district meeting, see 
section 8, p. 22, and remarks thereon. 

The law does not determine the number necessary to con- 
stitute a quorum for the transaction of business. The action 
of a meeting, due notice of which has been given, and the 
proceedings of which are regular, will be sustained, though 
only a small minority of the voters of the district may be 
present. When, on account of extraordinary circumstances, 
tbe attendance is very small, courtesy, as well as the consider- 
ation of the best interests of the district, demand an adjourn- 
ment for a week or more. 

Attendance upon the school meetings of the district is among 
the most important of public duties, and a sincere desire to 
promote harmony of feeling and concert of action should man- 
ifest itself in the order, regularity and courtesy with which the 
proceedings are conducted. Every consistent effort should be 
made to afford an opportunity for the expression of the will of 
a majority of the voters of the district. 

Tbe action of the meeting is determined by a majority of 
those present and voting. The rule of common law is " when- 
ever electors are present and do not vote at all, they virtually 



acquiesce in the election made by those who do/" (2 Burr, 
1021.) Those who are present but silent, must be held to as- 
sent to what the others do in carrying out the legal purposes 
of the meeting. 

In the exposition of this important section, denning the 
powers of a district, such comments as seem necessary are placed 
under each sub-section. The electors assembled in annual 
meeting have power then : 

First. To appoint a chairman for the time being. 

Some person will call the meeting to order, nominate a 
chairman, put the question, and declare the result. If the 
director be present, it will be proper for him to perform this 
duty, though any elector is competent to act. The person 
elected chairman will at once take the chair, and if the district 
clerk be absent, the chairman will announce the fact, and ask 
that a clerk may be appointed pro tern. The person appointed 
chairman is not deprived of his right to vote on any question 
submitted to the meeting. He may give a casting vote in 
case of a tie, or he may vote with the minority, when there is 
otherwise a majority of one in favor of any resolution, and 
thus make it a tie vote, which defeats the resolution ; or he 
may vote upon a call of the yeas and nays, when his name is 
reached. He can, however, cast but one vote upon the ques- 
tion. The chairman must put to vote every motion or resolu- 
tion that is seconded, unless he deems such motion or resolu- 
tion to be out of order, and so declares. If the person making 
the motion regards the decision of the chairman erroneous, it 
is his right to appeal to the' meeting from such decision, and, 
if the appeal is seconded, it is the duty of the chairman to 
put the question, \ u Shall 'the decision of the chair be sus- 
tained ?" In case the meeting refuses to sustain the decision, 
it is the duty of the chairman to put the original question ; a 
refusal to do so is disorderly, and the meeting has power to 
select another person for chairman, who will conform to the 
decision. The motion for this purpose may be put by the 



40 

clerk, and the result should be declared by him. There is no 
code of rules for regulating the proceedings of district meet- 
ings, and hence that must be held to be legal to which a 
majority consents. The office of chairman is to aid in ascer- 
taining the will of the majority of the meeting. In case the 
action of the meeting is illegal, the remedy is by appeal, but a 
mere want of observance of technical parliamentary rules is 
not a sufficient reason for taking an appeal, nor will an appeal 
be sustained on this ground. 

Second. To adjourn from time to time as occasion may require. 

A motion to adjourn takes precedence of all others. A 
motion to adjourn indefinitely takes precedence of a motion to 
adjourn to a day fixed. If the first fails to carry, the question 
will then be put upon the second. If a majority are in favor 
of adjourning, they cannot withdraw from the meeting until 
the question of adjournment has been put and declared car- 
ried by the chairman, without leaving the minority in posses- 
sion of all the powers of the district. A motion to adjourn 
cannot be received after another question is actually put to 
vote, and while the meeting is engaged in voting upon it, but 
in such case the vote must be concluded, and the result an- 
nounced by the chairman. If the meeting adjourns indefi- 
nitely, all questions pending are discontinued, and they can be 
renewed only upon a fresh proposition ; but if the adjourn- 
ment is to a specified time, it is only a continuance of the ses- 
sion ; and questions are to be taken up at the point they were 
left. The statute, however, (see section 20), provides, that in 
case of adjournment for a longer period than one month, no- 
tice shall be given of the time and place of holding the ad- 
journed meeting, by posting written notices therefor in four or 
more public places in the district, one of which notices shall 
be fixed to the outer door of the school-house, if there be one 
in the district ; said notice to be given at least six days previ- 
ous to the time to which the meeting adjourned. 



41 

Third. To choose a director, treasurer and clerk. 

It is desirable, however, that the proceedings of the pre- 
ceding annual meeting should be read, also, the minutes of 
special meetings held during the year, before the meeting pro- 
ceeds to elect officers. The reports of district officers should 
also be presented, and referred to a committee for examination, 
with instructions to report at some later stage of proceedings. 
The report should be in writing, and should be carefully 
examined by the committee, or by the meeting if convenient. 
All school officers should be held to a strict accountability for 
the faithful performance of their duties, and the financial 
statements submitted should be accompanied with vouchers 
for all money expended. Reports of officers should be 
spread -upon the records, as papers that are merely filed are 
often lost. 

Election of officers should always be by ballot, though this 
method is not absolutely required by statute. One officer must 
be elected each year in the order named : clerk, treasurer, 
director. If a vacancy has occurred during the year past, 
which has been filled by the district board,* or by the town 
clerk under the provisions of section fifty, such appointment 
does not hold more than ten days after the annual meeting, 
and it is the duty of the district meeting to elect a person to 
fill such vacancy. The person thus elected will serve out the 
unexpired term, whether the same be one or two years. It 
will thus sometimes happen that more than one district officer 
is to be elected at an annual meeting. 

It is desirable that an informal ballot should precede the 
formal ballot. A person who is present at a district meeting, 
when elected to a district office, will be deemed to have ac- 
cepted the same, unless he declares his refusal, so that if the 
meeting chooses to excuse him, a new election may be had. 

An adjourned session cannot oust an officer elected. 
It is important that the electors consummate an election, as if 
they do not, the vacancies must be filled by appointment, which 
may prove less satisfactory. 



42 

« It should be noted here that no district officer can be elected 
at an adjourned session of the annual meeting, if such session is 
held more than ten days after the time fixed for the annual meet- 
ing. The power to elect does not extend beyond the ten days, 
and if no election has taken place, the vacancy must be filled 
by appointment. 

If a vacancy exists at an annual meeting, from any other 
cause than the expiration of the incumbent's term, it is advi- 
sable that a resolution should be passed declaring that such 
vacancy exists, and stating the ground on which the meeting 
regards the office vacant. It is for the meeting to judge in the 
first instance whether a vacancy exists, and although it may 
err in so declaring, the officer elected will be deemed an officer 
de facto, and his acts in relation to the public and third persons 
deemed valid, until his election is pronounced void by compe- 
tent authority. 

Fourth. To designate a site for a district school-house. 

The site selected should contain at least one acre, and should 
be as central as circumstances will permit. The future needs 
as well as the present condition of the district should be con- 
sidered, however, and hence it may not be good policy to lo- 
cate the site near the present center of population. The sur- 
roundings should also be taken into consideration. It is more 
important that the location should be salubrious, quiet and 
pleasant, than that it should be central or convenient of access. 
The vicinity of stores, taverns, mills, etc.. is undesirable. A 
dry and sheltered spot should be chosen, but not too far from 
all inhabitants. 

In designating the site it should be so described that it can' 
be laid out without reference to any other document than the 
resolution locating it. The people of the district can not dele- 
gate power to the district board to designate the site, although 
they or a committee may be authorized and directed to make 
the necessary examination as to location, price and title. The 
action of the meeting is, however, required to legally fix its 



43 

location. After a site has been designated, it does not become 
established until a title has been acquired, or the district board 
has made a contract, binding upon the district, for its purchase. 

Fifth. To vote such a tax on the taxable property of the dis- 
trict as the meeting shall deem sufficient to purchase or lease a suita- 
ble site for a school-house, to build, hire or purchase such school- 
house, and to keep in repair and furnish the same with the necessa- 
ry fuel and appendages : Provided, that no district containing a 
population of less than two hundred and fifty inhabitants shall have 
power to levy and collect a tax lor building, hiring or purchasing a 
school-house, of more tiian six hundred dollars in any one year, un- 
less the supervisors of the town in which such school-house is to be 
situated, shall certify in writing that in their opinion a larger sum 
should be raised, and shall specify such sum, in which case an 
amount not exceeding the sum specified may be raised : provided, 
further, that no district shall have power to raise and collect in any 
one year, for the purposes above specified, more than one thousand 
dollars, unless the supervisors shall certify as above set forth. 

The electors may vote such a tax as they " deem sufficient" 
subject to the conditions imposed by law, and with the consent 
of the supervisors of the town, previously obtained, they may 
vote any sum not exceeding that approved by these officers. 
It is quite proper but not necessary to designate a site before 
voting a tax to build the school-house ; neither is it necessary 
that the site should be designated before levying a tax to pay 
for the same. If the tax deemed sufficient is afterwards found 
to be too small, an additional tax may be voted, and 
if too much is raised, the electors may appropriate 
the same to any object for which they can legally 
raise a tax. The expense of investigating the title and of re- 
cording the deed may legally be included in the tax for a site. 
Although the law authorizes the leasing of a site, it does not 
permit the district to contract a permanent debt for future 
rent. Land for a site is sometimes held under a lease granting 
it for a consideration, paid in advance, for so long a time as the 
same shall be used for the purpose of a public school. It is 
always advisable that the district should obtain an indefeasible 
estate in fee simple, if possible. 



44 

Sections 78 to 85 prescribe the course to be pursued, when 
the district is unable to obtain the school-house site selected or 
designated by a majority^ of the electors thereof present at a 
regular meeting, on account of the refusal of the owner to 
sell or lease the same, or on account of the owner being a non- 
resident. 

In regard to the right of the district to the school-house, at 
the expiration of the term for which the land upon which 
it is situated, is held, the law as stated by Judge Harris (7 
Barb., 1ST. Y. R, 266), is as follows : " Any one who has a 
temporary interest in land, and who makes additions to it or 
improvements upon it, for the purpose of the better use or en- 
joyment of it, while such temporary interest continues, may, 
at any time before his right of enjoyment ceases, rightfully re- 
move such additions and improvements. If he omit to sever 
the addition or improvement until his right of enjoyment 
ceases, such an omission is to be deemed an abandonment of 
his right, and thereafter the addition he has made becomes, to 
all intents, a part of the inheritance, and the tenant, as well as 
any other person who severs it, becomes a trespasser." 

Although a tax may be levied before a title has been 
acquired, yet the district board should not part with the 
money before a conveyance of the site has been made. 

A question sometimes arises in regard to incumbrance in 
case of mortgage. The sum voted to purchase a site is held 
to be all that the district can at any time be called upon to pay 
for it, and hence the title should be free from incumbrance, 
unless it was expressly understood at the meeting voti»g the 
tax, that the site was to be purchased subject to the incum- 
brance resting upon it. When a site is purchased which con- 
stitutes a part of a mortgaged tract, the rule of law is that the 
remaing property of the mortgagor shall first be sold, and if 
that is not sufficient to satisfy the mortgage, then of the re- 
mainder, that which is conveyed latest is to be sold first. It 
is always better to obtain a clear title, and a district board is 
not justified in purchasing a site, or in contracting for build- 



45 

ing upon it, if said site is incumbered, without an express 
vote authorizing them to do so. 

The question sometimes arises as to the legality of connect- 
ing the school-house with other erections made for different 
purposes, and under other control than that of the district 
board. This department has held that a tax cannot be voted 
for building a house for joint use, as an academy and school- 
house, or a church and school-house, and that any partnership 
which does not secure to the district board the complete con- 
trol of the house for school purposes, is illegal. In the case of 
Tracy vs. Talbot (6 Mad. R, 214), Judge Holt held that " If a 
house originally entire, be divided into several apartments, 
with an outer door to each apartment, and no communication 
with each other, the several apartments shall be rated as dis- 
tinct mansion bouses." The supreme court of Massachusetts 
held in the case of George vs. School-District Mendon (6 Mete, 
510) as follows : " If, under color of this corporate power of a 
school-district, the inhabitants should vote to erect an expen- 
sive and ornamental building, with a view to improve the 
neighborhood, to enhance the value of real estate, to accom- 
modate societies, lecturers, dramatic exhibitions, or even to 
have a convenient place for religious meetings or public wor- 
ship, or for any other use than that of a district town school, 
it would not be within the legitimate authority of a school- 
district, and any vote to levy a tax on the inhabitants for such, 
purpose would be void." 

There may be distinct tenements under the same roof, and 
tenements are as essentially distinct when one is under the 
other, as when one is by the side of the other. (1 Mete, 541). 

It is desirable that every district should own a good school- 
house, and that it should be entirely separate from other build- 
ings ; still it sometimes happens that economy demands a co- 
operation between the district and some other association in 
erecting two houses under the same roof. Such an arrange- 
ment is held to be legal, provided the district secures by proper 
legal covenants : First, The complete and undivided control of 



46 

the school rooms at all times, and of all doors and passages af- 
fording egress and ingress thereto. Second, That the other 
rooms of the building shall not be used at any time during 
school hours for an assemblage or purpose which can distract 
the attention of the pupils, or interfere, by noise or otherwise, 
with their instruction. Third, That the parties using or own- 
ing the other rooms shall pay the whole or some definite part 
of the expenses of such repairs upon those rooms, or the roof 
or other parts of the building, as the district shall deem neces- 
sary. Fourth, That the parties owning the other parts of the 
building shall pay a proper proportion of the amount necessa- 
ry to keep the whole properly insured. 

The best method of protecting the interests of the district is 
for the board to lease the rooms on the foregoing conditions, 
and such other as are proper. The lease should provide for 
its own termination on any breach of its conditions, and should 
contain an express provision that whenever a district meeting 
shall determine that the residue of the building is needed for 
school purposes, the same shall become the property of the 
district upon the payment of the appraised value of the labor 
and materials used in its construction. 

A district meeting may vote a tax for a fence, sidewalks, 
separate privies for the two sexes, wood-house, stoves, stove- 
pipe and bell, as these are held to be necessary appendages. 

Money may also be raised to pay for the insurance of the 
school-house. This must be a definite sum. The school- 
house cannot be insured in those companies that require a note 
for part of the premium, for the district board cannot bind the 
district to pay a note drawn by them for such a purpose. All 
taxes voted must be for specific and legal objects. Money 
cannot be raised for contingent expenses, nor for arrearages gen- 
erally. The specific amount raised for each of the several ob- 
jects for which the tax is levied, should be stated in the reso- 
lution passed by the meeting, in order that the district and the 
board may know the precise extent of their liability and au- 
thority. 



A district has power to vote a tax to enlarge a school-house, 
notwithstanding it may have cost all that said district is by 
law authorized to raise in any one year, and the tax for such 
enlargement does not require the consent of the town supervi- 
sors thereto. The amount received from the sale of the old 
school-house may be added to the amount authorized b}>- law 
to be raised for building in any one year, and expended for 
the new building. 

Sixth.* To vote a tax on the taxable property of the district, 
of such sum as the meeting shall deem proper fcr the payment of 
teachers' wages in the district : provided, that no district contain- 
ing a population of less than two hundred and fifty inhabitants, 
shall have power to levy and collect a tax for school purposes, other 
than for the purposes prescribed in the fifth subdivision of this sec- 
tion, in such district, of more than five hundred dollars in any one 
year ; and provided, further, that in case any district shall not at 
its annual meeting, or at a special meeting held subsequent to the 
annual meeting and prior to the third Monday of November, vote a 
tax sufficient to maintain a school in said district the ensuing year 
for the term of five months, then the district board shall have pow- 
er, and it shall be their duty to estimate and determine the sum 
necessarv to be raised to maintain such school ; and the district 
clerk shall certify to the town clerk the amount thus determined 
upon, who snail assess the same as other district taxes 
are assessed. If when a district shall have failed to vote a 
tax for school purposes, any district board shall willfully 
refuse or neglect to estimate and determine a sum suffi- 
cient to maintain a school for five months as aforesaid, each mem- 
berof the board thus refusing or neglecting shall be deemed guilty 
of a misdemeanor, and shall be liable to a penalty of not less than 
fifty nor more than one hundred dollars, or to imprisonment in the 
county jail not less than one month nor more than three months, 
and when any district beard shall have estimated and determined the 
t-um necessary to maintain a school for five months the ensuing year, 
any district clerk who shall willfully refuse or neglect to certify 
such sum to the town clerk in time to have the same embodied in 
the assessment roll for that year, shall be deemed guilty of a misde- 
meanor and shall be liable to a penalty of not more than one hun- 
dred dollars nor less than fifty di liars. 

The income of the school fund annually apportioned to the 
different districts on the basis of population over four and under 
twenty years of age, together with the amount which is received 

* Amended by chapter 162 of general laws of 1863. 



48 

by the districts from the tax levied by the county supervisors, 
must be appropriated to the payment cf teachers' wages, and 
the balance is to be raised by town or district tax. A tax 
cannot legally be levied to pay a person for services as teacher 
who did not hold a certificate of qualification at the time such 
services were rendered ; nor can any public money be paid to 
a person for services as a teacher, who is not qualified accord- 
ing to law. 

Particular attention is called to the second proviso in the 
above sub-section, which was added to the law at the session 
of 1868. While the law has restrained districts, on 
the one hand, from voting excessive taxes, it has also pro 
vided a security against the parsimony or negligence that 
would sometimes fail to open schools at all, or that would open 
them for an insufficient period. Five months school in each 
year is the smallest amount that entitles a district to share in 
the income of the school fund. Not to provide for at least 
this amount, is a wrong to the children deprived, and an in- 
jury to the public good. The district board are therefore 
charged with the duty, under penalty for its neglect, of making 
this provision, if it is not done by the district. 

Seventh. To authorize and direct the sale of any school-house, 
site, or other property belonging to the district, when the same shall 
be no longer needed tor the use of the district. 

The restriction here imposed uppn the sale of district 
property is important. It must be no longer needed for the 
use of the district. The district must act through the district 
board, as the board alone is competent to make contracts 
binding upon the district. If any credit is to be given upon 
the sale of district property, the people at the district meeting 
should, by resolution specify the exact terms thereof, and 
should fix the lowest price to be accepted. The district board 
are responsible to the district for the exercise of the same care 
that a prudent business man would take in managing his own 
affairs. 



49 

Eighth. To impose such a tax as may be necessary to discharge 
any debts or liabilities of the district lawfully incurred. 

By section one hundred and fourteen a school-district is au- 
thorized to make a loan of money to aid in the erection of a 
school-house, if a majority of all the legal voters in the district 
shall vote in favor of the loan. The loan can usually be more 
conveniently paid by installments. Although the inhabitants of 
a district may by resolution declare their intention to raise a cer- 
tain amount annually for two or more years, yet the action of 
the meeting is limited to one of the installments, and it 
requires the action of the district at a subsequent meet- 
x ng to raise another installment. Money, under authority of 
section one hundred and fourteen, cannot be loaned for any 
other purpose than " to aid in the erection of a school-house." 

Ninth. To vote a tax not exceeding seventy-five dollars in any 
one year, for the purchase of maps,, blackboards, and apparatus for 
illustrating the natural sciences. 

Maps are necessary to teaching geography, for the principal 
facts are learned more readily by the eye than in any other 
manner. Every school-room should be furnished with a map 
of the world, of the United States, and of this state; and of 
the county in which the school-house is situated. A globe is 
also desirable. Blackboards should extend around the school- 
room, that is, should occupy all the space not taken by doors 
and windows, to a height of seven feet from the floor, the 
lower edge of the blackboard being about two feet nine inches 
from the base board. Charts are now easily obtained for 
teaching reading, penmanship [and other branches, and the 
cost is much more than made up in the increase of interest 
among the pupils, and the greater facilities for the teacher. 
School boards should acquaint themselves with the cost and 
use of the more simple and important kinds of apparatus, and 
lay the matter before the district at each annual meeting. 

Tenth. To vote a tax on the district, not exceeding one hundred 
dollars in any one year, for a district library, consisting of such 
4 — Sch. Code. 



50 

books as they may direct their district board, at a district meeting, 
to purchase ; said books to be selected under the advice of the state 
superintendent of public instruction : provided, that any school- 
district having less than two hundred children of school age, shall 
not vote a tax on the district exceeding fifty dollars in any one year 
for such library. 

This is an important provision if wisely carried out. By 
judicious action, a valuable library may be secured for each 
school-district : but unless the money raised is placed in the 
hands of discreet and competent men to expend, the books 
obtained will be of no permanent benefit to the people. 

Eleventh. To authorise the district board to admit to the privi- 
leges of the school, persons over twenty years of age, and persons 
not residing in the district, whenever such admission will not inter- 
fere with the accommodation or instruction of the scholars residing 
therein, and to fix a fee for tuition per term, quarter or year, to be 
charged to the persons thus admitted. 

The vote of the district is to authorize the board to admit 
the persons mentioned into the school. The consent of the 
board should always be signified in writing, and should not be 
given until the tuition fee has been paid to the district treas- 
urer. No teacher should admit a non-resident pupil into his 
school without express authority conveyed in writing. It is- 
sometimes difficult for the district board to determine the 
liability of inhabitants for the tuition of persons in their em- 
ployment or under their protection. The general rule is, that 
every head of a household must be supposed to direct the 
conduct of its members, and that he voluntarily assumes the 
legal responsibility growing out of their attendance upon 
school. This presumption does not however alwa} T s apply. 
Crowding into a district in which a superior school is main- 
tained, to enjoy its advantages free of cost, under plea of hav- 
ing residence as an employe in a family, is an abuse that 
sometimes needs to be corrected. 

The tuition fee may with propriety be made merely nominal 
however, to such persons as are residents of other districts, 
but who are tax-payers in the district where they desire to- 



51 

send to school, provided their distance be such as to preclude 
the possibility of their being attached to the district. 

The question of residence settles the question of right to free 
tuition in any school. 

The residence of the child is with the parent or guardian 
unless by indenture or otherwise the parent or guardian gives 
over to another the right to control the child, so that in law he 
is not entitled to his earnings, or responsible for his acts. 

An orphan without guardian, takes his residence with him 
wherever he goes. 

The district board has no authority to admit non-resident ■ 
children into the school contrary to the vote of the district, . 
nor has it authority to exclude them after a vote of the- 
inhabitants to admit them. It is the duty of the board in this 
matter to carry into effect the -instructions of the district. 

Twelfth. To determine the length of time a school shall he 
taught in their district the then ensuing year, which shall not he 
less than five months, and whether such school shall be taught by a. 
male or female teacher, or both, and whether the school moneys to- 
which the district is entitled from the income of the school fund, and; 
from the town, shall be applied to the support of the summer or 
winter school, or a certain portion to each ; but if such matters 
shall not be determined at the annual meeting, the district board" 
shall determine the same. u 

The number of days during which a school must be taught 
to meet the requirements of the law, is held to be not less 
than one hundred and ten ; this number may, however, include 
legal holidays, viz. : New Year's day, the twenty-second of 
February, the fourth of July, and Christmas, together with 
days of fasting or thanksgiving appointed by state or national 
authority. If the mattery enumerated in the twelfth sub-sec- 
tion are not determined by the annual meeting, the district 
board must determine the same; V^t the inhabitants, at a 
special district meeting, are authorized by section 21 " to trans- 
act the same business as at the first and each annual meeting, 
except the election of officers." When the district has deter- 
mined the length of the school (being not less than five 



52 

;months) the sex of the teacher or teachers, and the applica- 
tion to be made of the school moneys, the board have no dis- 
cretion, but must carry out the vote of the district. In case 
they find it impracticable to do so, the remedy is a special 
meeting, to give further instructions. 

Thirteenth. To give such direction and make such provision as 
•may be deemed necessary in relation to the prosecution or defense 
of any action or proceeding in which the district may be a party, 
or may be interested. 

The district may appoint any suitable person to represent 
them in a suit ; but in the absence of such appointment, the 
director is constituted the representative of the district in all 
suits. (See section thirty-third and the comment thereon.) 

Fourteenth. To alter, repeal and modify their proceedings, as 
occasion may require. 

The power to repeal proceedings cannot be exercised after 
they have been carried into effect, so that rights have been 
acquired under them. When the district board has made a 
contract under authority of the district, the repeal of the 
resolution authorizing such contract will not rescind the con- 
tract. The district can modify or repeal the contract only 
after securing a release of damages from all parties who have 
acquired any rights of action. 

A district can repeal a resolution to raise a tax, at any time 
before the warrant to collect; the tax is handed to the collector, 
but this power cannot be exercised after part of the tax has 
been collected. (Gale vs. Mead, 4 Hill. Smith vs. Dilling- 
ham, A Barbour.) It is advisable that resolutions should be 
repealed in express terms, when such is the intention, and not 
by implication. 

When a resolution is to be repealed at the meeting at which 
it was passed, it is usudly'doneby a motion to reconsider. The 
general rule is that a motion to reconsider can only be made 
by a person who voted with the majority on the question,. the 
reconsideration of which is proposed ; and this rule is a proper 



53 

one for the chairman of the meeting to observe ; but, if on 
appeal from the decision of the chairman, a majority of the 
meeting choose to disregard the rule, it may be set aside. The 
usual rules governing legislative bodies are not binding upon 
district meetings, unless such meetings- adopt said rules. Any 
resolution directly or necessarily repugnant to a previous one 
repeals it ; and the rule, as laid down (3 Howard, U. S. R, 
636) is, that if a subsequent statute be not repugnant in all its 
provisions to a prior one, yet if the latter statute was clearly 
intended to prescribe the only rule that should govern in the 
case provided for, it repeals the prior one. 

The repeal of a repealing statute does not revive the origi- 
nal enactment. 

Officers elected at an annual meeting cannot be displaced by 
reconsidering or rescinding former proceedings at an adjourned 
meeting. When an election has been held in due form, 
the elective power of the district is exhausted, and the officers 
chosen at the annual meeting are the legal officers of the dis- 
trict, until by death, resignation, removal from the district, 
expiration of term, refusal to serve or removal from office, a 
vacancy occurs proper to be filled by election or appointment. 
And when a person entitled to hold office has been elected, 
and has not refused to serve, there is no power to take it from 
him, or debar him from assuming its duties. 

NOTICE FOR ANNUAL MEETING. 

Section 20. It shall be the duty of the clerk to give at least 
six days' previous notice of every annual district meeting, by post- 
ing notices therefor in four or more public places in the district, one 
of which notices shall be affixed to the outer door of the school- 
house, if there be one in the district ; and he shall give the like 
notices for every adjourned district meeting, when such meeting 
shall have been adjourned for a longer poriod than one month.* 

In order to give publicity to the annual meeting, the statute 
directs the clerk to post notices therefor in at least four public 
places in the district, but such notice is not essential to the 

* See Forms, Nos. 11 and 12. 



54 

validity of the meeting. The time and place of holding it 
may always be ascertained by examining the records of the 
district, and the objection that notice was not duly posted, is 
not well taken. The foundation of the meeting is the statute, 
or the order of a previous annual meeting, and not the posting 
of .the notice for it. (6 Hill, K Y. R, 647.) 

It is, however, the duty of the district clerk to give the 
notice required, for the annual meeting, and for neglect of duty 
he is liable to a fine, under the provisions of section 124. The 
noitce should embrace the time of day and the place of meeting, 
and the more important items of business to be transacted, for 
while the law does not require this to be done, it will help to 
secure a full attendance, which is most desirable ; but it is to 
be borne in mind that the object of the notice for the annual 
meeting is to assemble the inhabitants as the local legislature, 
and that when so assembled, their powers' are denned, not by 
the notice but by the statute. 

SPECIAL MEETINGS. 

Section 21. Special district meetings may be called by the clerk, 
or in his absence by the director or treasurer, on the written request 
of five legal voters of the district, in the manner prescribed for 
calling an annual meeting, and the inhabitants qualified by law to 
vote, when lawfully assembled at a special meeting, shall have 
power to transact the same business as at the first and each annual 
meeting, except the election of officers : provided, that the business 
to be transacted shall have been particularly specified in the notices 
calling the same ; and provided, further, that no tax shall be 
voted at a special meeting unless three-fourths of the legal voters 
shall have been notified, either personally or by leaving a written 
notice at their places of residence, stating the time, place and objects 
of the meeting, at least six days before the the time appointed 
fcherefor.* 

The power granted by the statute to call special meetings 
should be liberally exercised for the benefit of the district, and 
it is the duty of the clerk to call special meetings whenever 
requested to do so by the required number of legal voters. 
" The word may means^ must or shall only in cases where the 

* See Forms No. 13 and 14. 



55 

public interests or rights are concerned ; and where the public 
or third persons have a claim dejure that the power should be 
exercised." (5 John. Ch. E. 113.) Our supreme court held, 
(Cutler vs. Howard, 9 W. R. 312,) " that when public corpora- 
tions or officers are authorized to perform an act for others, 
which benefits them, that then the corporations or officers are 
bound to perform the act. The power is given them not for 
their own, but for the benefit of those in whose behalf they 
are called upon to act, and such is presumed to be the legisla- 
tive intent. In such cases they have a claim de jure to the 
exercise of the power." The fact that the district clerk does 
not approve of the objects sought by those who request him 
to call a special meeting, is not a good cause for refusing to 
accede to the request. 

A special meeting may be called to consider an object 
which has already been considered by a meeting which stands 
adjourned. 

The notice for a special meeting may be given by the direc- 
tor or treasurer in case of a vacancy in the office of clerk, or 
if that officer is absent, or incapable of acting. All notices 
for special meetings must "particularly specify" the business 
to be transacted thereat, nor can business not thus clearly men- 
tioned be legally acted upon. If levying a tax be a part of 
the business, notices must be posted in not less than four pub- 
lic places in the district, and in addition to this, notice must be 
served personally upon at least three-fourths of the legal voters 
of the district. 

UNION DISTRICTS. 

Section 22. Whenever two-thirds of the legal voters of any 
two or more adjoining school-districts shall, at any annual meeting, 
by vote, determine to form a union district for high school purposes, 
it shall be the duty of the clerks of the districts so voting to fur- 
nish the town supervisors a certified copy of the minutes of said 
meeting, together with the names of those voting for and against 
said proposition. Upon receiving such notice it shall be the duty ot 
the town supervisors to determine and establish the boundaries of 
said union district, and file a copy of such order with the town 



56 

clerk. They may also,, upon application, include persons and lands 
in adjoining districts in said union district, according to their dis- 
cretion. 

Section 23. The control of such union district shall bs vested 
in a board consisting of a director, treasurer and clerk, who shall 
be elected in the same manner and hold their offices the same as 
officers of common school-district boards, subject to the same rules 
and penalties : provided, that the town supervisors shall have power 
to appoint the first board of such union district. 

Section 24. The expenses of said union school-district in- 
curred in purchasing or leasing school-houses or sites, in building 
or repairing school-houses, out-houses, fences, &c, in hiring teach- 
ers, and in establishing and carrying on said high school, shall be 
defrayed by a tax upon the real and personal property of said union 
district, to be called the union high school tax. Said tax shall b9 
voted by said union district, at its annual or special meetings, and 
shall be levied and collected in the manner hereinafter provided for 
the assessment and collection of district taxes. No fee for tuition 
shall be charged or collected except from scholars not residing in 
the union district, who may be required to pay such fee as shall be 
prescribed by the board, which fee or fees shall go into the general 
fund of said union district. 

Section 25. The board of said union district shall determine 
the standard of qualification necessary for admission, the branches 
to be taught, and the books and apparatus to be used in said high 
school ; and shall have and exercise all the powers granted by law 
to the boards of common school-districts. 

Section 26. The annual meeting of the union school-districts 
shall be held on the "Wednesday after the last Monday in September, 
in each year, and such meeting shall have power to transact all 
business, as prescribed in section nineteen of this chapter. 

Section 27. Special meetings may be b^eld as provided in sec- 
tion twenty-one of this chapter. 

Section 28. "When it is proposed to form union districts of 
territory lying in two or more adjacent towns, then the respective 
supervisors of those towns shall act in concert in the formation of 
such union district, as required in the formation of joint common 
school-districts.* 

Section 29. The boundaries of any union school-district, form- 
ed in accordance with the provisions of this chapter, may be altered 
in the same manner that the boundaries of common school-districts 
are altered ; and the provisions of law governing the action of town 
supervisors in relation to the alteration of common school-districts, 
shall, so far as the same are applicable, be applied in the alteration 
of union school-districts : provided, that no union school-district 
shall be disorganized, ualess a majority of the electors shall, at an 
annual meeting, vote for such disorganization, t 

* See Form No. 16. 
t See Form No. 9. 



57 

Section 30. Nothing in this act relating to union school- 
districts shall be so construed as to impair or affect the organiza- 
tion of primary districts within such union district. 

The supervisors have the same authority in carrying out the 
provisions of the sections relating to union or high school-dis- 
tricts, that are conferred upon them by the statute concerning 
the formation and alteration of ordinary districts. They have 
also the additional power to appoint the first board of the 
union district. The board of the union district has the same 
powers and privileges as the common school-district board. 
For specific instructions see remarks upon the organization 
and alteration of districts, and also upon the duties of district 
boards. 

As no action has ever been taken under the foregoing sec- 
tions, it is evident that they have not met with favor, and it is 
recommended to towns in which a desire is felt for the bene- 
fits of union and graded schools, to adopt the "Town System" 
as provided for in chapter 182 of the general laws of 1869, 
which will be found at the end of this chapter. 

SCHOOL-DISTRICT OFFICERS. 

Section 31. The officers of eaoh school-district shall be a director, 
treasurer and clerk, who shall hold their respective offices for three 
years, and until their successors shall have been chosen or appointed, 
but not beyond ten days after the expiration of their term of office, 
without being again elected or appointed : provided, that at the 
first election of such officers, in any newly organized district, the 
clerk shall be chosen for one year, the treasurer for two years, and 
the director for three years ; and thereafter each officer shall be 
chosen for three years. Any person present at a school district- 
meeting, at which he shall be elected one of the district board, shall 
be deemed to be notified thereof, and any person so elected, and not 
present, shall be notified thereof by the clerk of said meeting, 
within five days thereafter; and unless each person elected and 
notified shall, within ten days after his election, file with the clerk 
his refusal in writing to accept the office, he shall be deemed to have 
accepted the same.* 

The time from the first meeting of a legally organized dis- 
trict to the last Monday of September following (or to the last 

* See Forms, Nos. 18 and 19. 



58 

Monday of August following, if the district shall at its first 
meeting elect to hold its annual meeting on the last Monday 
of August), no matter how short that time may be, is to be 
considered a year, because all subsequent elections must be at 
the time fixed for the annual meetings. At the first annual 
meeting, therefore, after the first meeting of any newly organ- 
ized district, a new clerk will be elected, for the term of three 
years. At the second annual meeting, a treasurer is to be 
elected for three years ; and at the third annual meeting a 
director is to be elected for three years. Thereafter, one 
officer only is to be elected at each annual meeting, for the 
term of three years, and in the following order : clerk, treasurer, 
director. It may sometimes be necessary, however, to elect 
a district officer to serve out an unexpired term, in addition to 
the officer elected for a full term. 

In case a district establishes a graded school of " two or 
more departments," then by the provisions of chapter^six of the 
general laws of 1869, it must hold its annual meeting on the 
second Monday of July ; and the term of any district officer 
that would otherwise have expired in September or August, 
will be taken to have expired at said meeting in July, and a 
new incumbent will be elected, and so annually thereafter. 
(See p. 36.) 

The question sometimes arises whether it is proper to elect 
persons as district officers who are not citizens. As there is no 
statutory provisions on the subject, a decision of the supreme 
court is given. In the case of Off vs. Smith (14 W. R. 497), 
it was held that "it is an acknowledged principle which lies at 
the foundation [of popular governments] , and the enforcement 
of which needs neither the aid of statutory or constitutional 
enactments or restrictions, that the government is instituted by 
the citizens for their liberty and protection, and that it is to be 
administered and its powers and functions exercised only by 
them, and through their agency." 



59 

Officers elected at the first meeting of any district are re- 
quired to file written acceptances, but at the annual meetings 
succeeding, written acceptances are not required. However, 
persons not present at an annual meeting must be notified if 
elected to office ; and, unless a person who has been notified 
of an election shall, within ten days after his election, file with 
the clerk his refusal to serve, he shall be deemed to have ac- 
ccepted the office. A verbal refusal to serve, or inattention to 
the duties of the office does not create a vacancy. A person 
elected should therefore serve, or signify his refusal to serve 
in a legal way, and within the legal time. 

DUTIES OF DIRECTOR. 

Section 32. It shall be the duty of the director of each district 
to countersign all orders legally drawn by the clerk upon the treas- 
urer of the district. 

Section 33. The director shall appear for and on behalf of the 
district, in all actions brought by or against the district, when no 
other direction shall be given by the qualified voters of such district, 
at a district meeting. 

Section 34. In case of any breach of the condition of the treas- 
urer's bond, the director shall cause an action to be commenced 
thereon, in the name of the district, and the money, when collected, 
shall be applied by such director to the use of the district, as the 
same should have been applied by the treasurer. 

The director is required to countersign orders legally drawn, 
and it is his duty to know that an order presented to him for 
his signature is drawn in accordance with law, before he affixes 
his name thereto. The object of this provision of the law is 
to protect the interests of the district. 

By sub-section thirteen of section nineteen, the district has 
power, at any meeting duly called, to give such direction, and 
make such provision, as may be deemed necessary in relation 
to the prosecution or defense of any action or proceeding in 
which the district may be a party or be interested ; and unless 
some other person is designated to appear in behalf of the 
district, the director is required to bring suit and to carry out 
the will of the meeting. The director has not power under 
the statute to bring suit, upon his own motion, in behalf of 



60 

the district, except in case of breach of the condition of the 
treasurer's bond. In this case, it his duty to commence pro- 
ceedings to protect the interests of the district, at once, without 
waiting for the action of a district meeting. 

If an action is commenced against the district, the director 
must appear in behalf the district, without waiting for author- 
ity from a district meeting. The district, may, however, des- 
ignate some other person to act as their representative in the 
defense. 

DUTIES OF TREASURER. 

Section 35. The treasurer of each district shall, within ten days 
after his election, execute to the district and file with the clerk, a 
bond in double the amount of money, as near as can be ascertained, 
to come into his hands as treasurer, with sufficient sureties, to be 
approved by the director and clerk, conditioned for the faithful dis- 
charge of the duties of his office, and if he shall fail to do so, his 
office shall be vacant, and the board shall thereupon appoint a treas- 
urer, who shall be subject to the same conditions and possess the 
same powers as if elected to that office.* 

A neglect to file the bond, completed and approved, within 
ten days, as the law directs, vacates the office. Filing it with 
the approval of one member of the board only, or after the 
time expires, is of no effect. It is obviously improper for 
either the director or clerk to become surety for the treasurer. 

Section 36. Whenever the director and clerk of any school-dis- 
trict shall deem the security upon the bond of the treasurer insuffi- 
cient, they shall have the right to demand additional security, and 
the refusal or neglect of the treasurer to furnish such additional se- 
curity, within ten days thereafter, shall vacate hits office, f 

The power granted the clerk and director, by this section r 
should be exercised whenever the interests of the district de- 
mand it. No good citizen will regard the exercise of this 
power as an imputation upon his character. Whenever the 
security on the bond is not such as the law requires, it is ob- 
viously the duty of the treasurer to furnish additional secu- 

*See form No. 20. 
tSee form No. 21. 



61 

rity, and it must be done promptly, within ten days, just as in 
the original filing of the bond. 

Under the present United States tax law the treasurer's 
bond must bear a one dollar revenue stamp. 

Section 37. It shall be the duty of the treasurer of each school- 
district to apply for and receive from the town treasurer all school 
moneys apportioned to the district or collected for the same by the 
said town treasurer, and to pay over on the order of the clerk and 
director of such district, all moneys received by him. 

The district treasurer can ascertain the amount of money to 
which his district is entitled, by examining the certificate of 
apportionment on file in the town treasurer's office, which that 
officer receives from the town clerk. The district treasurer 
should pay all legal orders in the order of presentation, when 
no special direction appears upon the order to the contrary. 

Section 38. The treasurer shall keep a book in which he shall 
enter all the moneys received and disbursed by him, specifying par- 
ticularly the sources from which money has been received, and the 
person [persons] to whom and the objects for .which the same has 
been paid out. He shall present to the district at each annual 
meeting a report in writing, containing a statement of all moneys 
received by him during the preceding year, and of the disburse- 
ments made by him, with the items of such disbursements, and ex- 
hibit the vouchers therefor, and at the close of his term of office, 
shall settle with the district board, and shall hand over to his suc- 
cessor said book, and all receipts, vouchers, orders and papers 
coming into his hands as treasurer of the district, together with all 
moneys remaining in his hands as such treasurer. 

It is a duty which the treasurer owes [to himself, as well as 
to his district, to keep an accurate record of his accounts, so 
as to be able to present a clear and satisfactory statement of 
the transactions of the year. The account/equired to be kept 
by section 38, may be a simple cash account, in which the 
treasurer personally, and in his individual name is charged with 
all school moneys received by him, and credited with each 
payment, specifying the date, the person to whom and the ac- 
count on which it was made. It is convenient and will con- 
duce to accuracy to number each credit consecutively, and to 
affix the same number to the order to be produced in proof of 



62 

payment, and in support of such payment. This account 
should be kept in a book well bound, and a transcript of such 
account should be made, and with the proper vouchers pre- 
sented to the annual meeting. This transcript should be ex- 
amined by a committee appointed by the meeting, and should 
be indorsed by said committee as having been examined and 
found correct, if the committee find it regular in all respects. 
When at the close of his term of office, he settles with the dis- 
trict board as required by law, the board should enter upon 
the original account in the blank book, their certificate that 
they have examined such account up to and including the last 
preceding entry (giving its date) and the vouchers therefor r and 
that they find the same correct. 

The law relative to embezzlement of money is substantially 
as follows : 

"If any person having in his possession any money belonging to 
this state, or any county, town, city, or other municipal corpora- 
tion * * * or if any collector or treasurer of any town or 
county or incorporated city, town or village, or any other person 
holding an office under any law of this state * * * who shall 
willfully neglect or refuse to pay over the same, or any part thereof, 
according to the provisions of law * * * shall be deemed 
and adjudged to be guilty of an embezzlement. * * * * 
And every refusal by an officer to pay any sum lawfully demanded, 
shall be deemed an embezzlement of the sum so demanded. Any 
person demanding of any officer any sum of money which he may be 
entitled to demand and receive, who shall be unable to obtain the 
same by reason of the money having been embezzled as aforesaid, if 
he shall neglect or refuse, for thirty days after' making such demand, 
to make complaint against such officer, shall be deemed an accessory, 
and upon conviction thereof shall be fined in a sum not exceeding 
one hundred dollars." (R. S. chap. 165, sees. 30, 31, 32.) 

The law is thus exceedingly stringent, and must be complied 
with fully. 

Section 3~of chapter 14, revised statutes, will give direc- 
tions as to the proper course of procedure whenever a judg- 
ment has been rendered against the treasurer for any breach 
of the conditions of his bond. Upon proper application to the 
governor it is made his duty to declare the office vacant. The 
vacancy will be filled as other vacancies are filled. 



63 



DUTIES OF CLERK. 



Section 39. It shall be the duty of the clerk of each school- 
district, within ten days after the t lection or appointment of any 
school-district officer, to report the name and post-office address of 
such officer to the town clerk of his town, or, in case it be a joint 
district, to the town clerk of each town in which any part of the 
district is situated ; to record the proceedings of the district board, 
and of each district meeting, in a book to be provided by the dis- 
trict for that purpose ; to enter therein copies of all reports made 
by him to the town clerk ; to make therein, or in some suitable book 
provided for that purpose, an accurate record of all orders drawn 
upon the treasurer, and to keep and preserve all records, books and 
papers belonging to his office, and deliver the same to his successor 
in office. 

Under our law the power of the clerk is such that the pros- 
perity of the school of his district depends greatly upon the 
manner in which he discharges his duties. 

The importance of full and accurate records cannot be too 
strongly enforced. The record book of the district should 
contain a full history of its school affairs. Dates, names, reso- 
lutions, votes, etc., should be given with such exactness that 
no trouble can arise, which a reference to its pages will not 
help to settle. Financial statements and reports should be 
spread out on the record book. Documents that are merely 
filed are soon lost. 

Every clerk of a district should feel, that by a proper dis- 
charge of his duty in keeping his records with fidelity and 
neatness, he may leave an honorable memorial of himself, that 
shall last while his district exists. 

Section 40. It shall be the duty of the clerk to draw orders on 
the treasurer of the district, for moneys in the hands of such treas- 
urer, which have been apportioned to or raised by the district, to be 
applied to the payment of the wages of legally qualified teachers, 
who have been employed by him, with the consent of the director or 
treasurer, to teach the school of such district, and also to draw or- 
ders on said treasurer for moneys in his bands, to be disbursed for 
any other purpose for which the same shall be voted by the district, 
agreeably to the provisions of section nineteen of this chapter : pro- 
vided, that each order shall designate the object for which and the 
fund upon which it is drawn, and shall be countersigned by the di- 
rector ; and provided further, that no order for the payment of 



teachers' wages shall be drawn, countersigned or paid, which is in 
favor of any person who has taught the school of said district, when 
not holding a certificate of qualification from the county superin- 
tendent, or (in case of appeal) from the state superintendent.* 

As the clerk has no authority to contract with a teacher 
who does not hold a legal certificate of qualification, so also 
any use of public funds, from whatever source received, for 
the payment of teachers not legally qualified, is a palpable 
violation of law. It is the duty of the clerk to see and know 
that the person employed is legally qualified and entitled to 
teach. It is no less the duty of the director to refuse to coun- 
tersign, and of the treasurer to refuse to pay orders drawn in 
violation of law ; and these officers are bound to know that 
orders are legal before they recognize them as valid. 

The order for payment of the teacher's wages can be drawn 
only in favor of the teacher. It he is desirous to apply his 
wages to the payment of a private debt, he can indorse the 
order to his creditor, but it is for him and not for the clerk, to 
distribute his wages. 

Section 41. He shall be the clerk of the district, and of all 
district meetings, but if he shall not be present at any district 
meeting, the qualified voters may appoint a clerk of juch meeting, 
who shall certify the proceedings thereof, and the same shall be re- 
corded by the clerk of the district.! 

The clerk cannot properly refuse to record the proceedings 
of a meeting that he was opposed to calling, And although 
he may think the proceedings illegal, it is his duty neverthe- 
less faithfully to record them. If illegal, they may be set 
aside by competent authority, on appeal ; and the record of 
the clerk is of importance in deciding the question. 

EMPLOYMENT OF TEACHERS. 

Section 42. The clerk shall contract with and hire duly quali- 
fied teachers for and in the name of the district, which contract 
shall be in writing, and shall have the consent of the director or 
treasurer, or both, indorsed thereon, and shall specify the wages per 
week, month or year, as agreed upon by the parties; and said coa- 

*See r ormNo.2 n . 
t See Form No. S3. 



tract so completed shall be filed in the office of the district clerk, 
with the certificate of the teacher so employed, attached thereto, 
and a copy of such contract shall be furnished by the clerk to the 
teacher : provided, that a majority of the board may, by an order 
filed with the clerk, or a memorandum in the district record book, 
said order or memorandum being subscribed by them, fix the time 
when the several t<>rms of the school, or any of said terms, shall 
open ; and if the clerk shall fail to hire a suitable teacher before 
the term so fixed, then the district board shall hire and contract with 
a qualified teacher, and a majority of the board shall constitute a 
quorum for the transaction of business.* 

It is very important that the provisions of this section be 
carefully observed. In negotiating for a teacher the clerk 
should first of all ascertain that the person is legally " quali- 
fied." The only sufficient evidence of this is an unexpired 
certificate from the proper superintendent. If the county be 
divided into two superintendent districts, the certificate must 
be from the superintendent of that division of the county in 
which the school is to be taught. If not, it is invalid. In 
case of a joint district not wholly within the jurisdiction of 
one superintendent, the certificate must be from the superin- 
tendent within whose jurisdiction the school -house is situated. 
(See section 107). A certificate has no validity or force be- 
yond the county or jurisdiction within which it is given, al- 
though " indorsed " by some other superintendent. This is 
the opinion not only of this department, but of the attorney 
general, who says: "This [an indorsement] is clearly not what 
the law requires, nor is it equivalent to the certificate which is re- 
quired bylaw. If the legislature had intended that the certifi- 
cate of one superintendent might be adopted (by indorsement) 
by another, it would have so provided." 

An understanding may be had with a teacher who is await- 
ing examination, but a contract with a person who holds no 
certificate is not only void, but a fraud upon the district. If a 
teacher's certificate will expire during the term of school, care 
must be taken that it be renewed in season. It is better that 
the certificate be renewed before the school begins. 

* See Form No. 24. 
5— Soh. Code. 



Before engaging a teacher the clerk should consult the other 
members of the board. The neglect of this often creates seri- 
ous trouble. As the contract is of no force unless indorsed by 
at least one other member of the board, the clerk should not 
presume upon their consent. It is his more especial duty to 
look out for a teacher, but the law did not intend to constitute 
him the sole representative of the district, in selecting a teach- 
er, or the sole judge of the teacher's fitness for the place. 
Harmony of action in this matter is very important to the 
prosperity of the school and the welfare of the district. 

There is no authority for making a contract whereby the 
teacher engages to board with the parents of the children 
It cannot be enforced on ihe inhabitants. -The best arrange- 
ment is to give the teacher a specific sum and let him board 
himself. 

The amount of the compensation to be paid to teachers is 
within the discretion of the clerk and one other member of the 
district board, except in the case where the clerk fails to dis- 
cbarge the duty imposed upon him bylaw, and the majority 
of the board become authorized to fix it. The inhabitants 
have no legal power to control district officers in this respect, 
nor in the selection of individuals to be employed, though 
the board would act unwisely in disregarding the preferences 
and wishes of the people, when reasonable and just. 

There is little probability that school officers will make the 
compensation too high. The wages of good teachers are gen- 
erally quite inadequate. To employ a poor teacher at any 
price is wretched economy. 

A teacher having been legally employed, cannot properly 
be dismissed during the time for which it was to continue, with- 
out some violation of the contract on his part, unless his 
certificate of qualification is annulled by competent authority. 
If the board discharge the teacher on the ground, that he has 
failed to fulfil his contract, of course it takes the risk of being 
able to prove such failure, in case the teacher claims damages, 



67 

•or demands his wages for the whole time for which he was 
■engaged. 

Although the employment of a member of the district board 
is not prohibited, yet the practice ought to be discouraged. 
The fact that the teacher is one of the board naturally excites 
a suspicion that he may have been able to make a contract 
more advantageous to himself, and less so to the district, than, 
if some other person had been employed. Those who hold 
public trusts should carefully avoid putting themselves into 
situations where their private interests may conflict with an 
impartial discharge of their public duties. These remarks may 
also apply to the practice of employing any near relative of a 
member of the district board as a teacher. 

It was held by the supreme court of New York, in the case 
of Foster vs. La Eue, (15 Barb. 323,) "that where a person is 
employed for a corporation, by one assuming to act in its be- 
half, and renders services according to the agreement, with the 
knowledge of its officers and without objection on their part,, 
or notice that the contract is ; not recognized, such corpora- 
tion will be held to have sanctioned the contract and will be 
compelled to pay for the services according to the agreement; 
* "* * but when the contract is still executory, and 
nothing has been done under it, and the action is to recover 
damages merely for non-performance, it is for the plaintiff to 
show a legal contract binding upon the corporation." 

The proviso in this section is not designed to deprive the 
clerk of authority to contract with and hire duly qualified 
teachers, but to enable a majority of the board to employ a 
qualified teacher, in case the clerk neglects to perform his 
duty. The time fixed by the board for the opening of the 
school should be such as to enable the clerk, by due diligence, 
to find a teacher, and it does not become their duty to hire 
a teacher unless the clerk has failed to hire a suitable one 
at the time so fixed. By the word suitable is here meant 
legally qualified, and if the clerk does his duty under the law. 



his action will be sustained, unless good reasons can be shown 
why the director or treasurer should refuse* to assent to the 
contract made by him. In case of the action of the board in 
hiring a teacher, every member of said board must be notified 
of the meeting. The director and treasurer have no power to 
act in this matter independently of the clerk, unless after due 
notice he fails to attend the meeting of the board. (See sec- 
tion 46.) 

ANNUAL DISTRICT REPORT. 

Section 43. It shall be the duty of the clerk, between the first 
and tenth days of September, in each year, to make and transmit to 
the town, city or village clerk a written report, dated on the first 
day of September of the year in which it shall be transmitted, sign- 
ed by said district clerk and verified by his affidavit, showing : 

First. The number of children, male and female, designated 
separately, over the age of four and under the age of twenty years, 
residing in the district on the last day of August previous to the 
making of such report, and the names of the parents or other per- 
sons with whom such children did respectively reside on the 31st day 
of August preceding such report. 

Second. The whole number of children, male and female, each 
designated separately, taught in the district school during the year 
for which such report is made, by teachers duly qualified, and the 
sum of the days attendance of all such children upon the school. 

Third, The number attending school (male and female being 
designated separately) during the year, under the age of four, and 
the number over the age of twenty years, and the sum of the days 
attendance of all such children upon the school. 

Fourth. The whole time in days any common school has been 
taught in the district, including holidays, and the whole number of 
days, including holidays, such school has been taught by teachers 
qualified according to law, during the year ending on the thirty-first 
day of August preceding the making of such report. 

Fifth. The names of all teachers employed during the year cov- 
ered by the report, the number of days taught by each, including 
holidays, and the monthly wages paid to each. 

Sixth. The amount of money received from the town treasurer, 
the amount received from district taxes, and the amount received 
from all other sources during the year ending on the thirty-first day 
of August preceding the date of the report, and the manner in which 
the same has been expended. 

Seventh. The kind of books used in the school. 

Eighth. Such other facts and statistics in relation to the 
schools, public or private, in such district, as the superintendent of 
public instruction may from time to time require.* 

* See Forms Nos. 25 and 36. 



69 

Blank forms for the reports of district .clerks are annually 
prepared by the superintendent of public instruction, with 
printed instructions in regard to the mode of filling them up, 
and are transmitted through town clerks to the district clerks. 
These blanks will, from time to time, require other informa- 
tion in addition to that specified in the above section, in order 
to enable the superintendent to lay before the legislature a full 
report of the educational affairs of the state. It is of the 
highest importance that the annual district report should be 
promptly completed and deposited with the proper town clerk. 
Some explanations are given below in reference to each of 
the foregoing sub-sections : 

1. The school year begins on the first day of September and. 
ends on the last day of August. 

The law requires that the names of parents or other persons, 
with whom children to be enumerated reside, shall be written. 
The greatest care must be exercised in taking the census of 
the children of the district. 

For remarks on residence, see commentary on section 8 
Domestics composing a part of the family, if less than twenty 
years of age, are to be enumerated. Mere hoarders or lodgers 
are not to be included in the enumeration, for they are pre- 
sumed to belong to families residing in some other district of 
the state ; but persons who pay for their board, and lodging by 
devoting a part of the day to work, in the service of the 
household, while the rest is spent in attendance at school, and 
who have no other legal residence, are considered as constitut- 
ing members of the families with whom they reside. It must 
be borne in mind that the enumeration of one year is the 
basis of the apportionment of the next, and hence children 
should be enumerated in the district that is bound to furnish 
them instruction, that such district may receive an apportion- 
ment on their account, and care should be taken that children 
are not enumerated in two districts. (See remarks on page 
50, under subsection eleventh.) 



70 

Those children, whose parents do not reside in this state, 
should be included in the school census ; providing such 
children reside in a family of a district, and not in a mere 
boarding school or other establishment for the purpose of ed- 
ucation. Children in an orphan asylum are deemed the wards 
of the incorporated association that has them in charge, and 
are not to be included in the enumeration. Children in poor- 
houses do not acquire a residence in the district where the 
poor-house is situated, nor can they be enumerated in such dis- 
trict. 

All persons more than four and less than twenty years of 
age, who are themselves the masters or mistresses of families,. 
are to be enumerated. 

The law requiring districts with graded schools (see p. 35) 
to hold their annual meeting the second Wednesday in July 
does not at all affect the provisions of the foregoing sec- 
tion. In making the annual report, the school year will be 
taken to end the Hist day of August, as before,, and the school 
census will be taken at the usual time. 

2. The whole number of children, male and, female desig- 
nated separately, who have received instruction from legally 
qualified teachers, since the first day of September of the year 
preceding, is to be stated, without regard to the fact of their 
attendance having been long or short, or of their parents hav- 
ing been residents or non-residents. The sum of the days- 
attendance must be ascertained by an examination of the 
register of the school, which every teacher is required by law 
to keep, under the supervision of the district board. 

3. It is to be hoped that the annual reports will show few 
in attendance at school less than four years of age. All that 
children need to learn before they are six years of age ought 
to be taught them at home. 

4. The legal holidays in this state are New Years Day, the 
twenty-second of February, the Fourth of July, Christmas, 
and days of thanksgiving, appointed by national or state au- 



71 

ihority. It is required that the whole number of days a school 
has been taught by a qualified teacher be stated, in order that 
the town clerk may apportion money to such districts only as 
have complied with the law. A district, to be entitled to share 
in the annual apportionment of the income of the school fund, 
must maintain a school at least five months of twenty-two 
days each, including legal holidays, and such school mast be 
taught by a legally qualified teacher. 

5. The monthly wages paid to a teacher includes all ex- 
penses incurred by the district on his account for board. If 
the district boards the teacher, the cost of board is to be added 
to the amount of monthly pay, and the sum of the two items 
constitutes his monthly wages. 

For directions in regard to making the annual report, the 
clerk will carefully study the blanks which are furnished by 
the department of public instruction. In case a clerk fails to 
receive the blanks needed in time to make his annual report 
as required by law, he should, without delay, notify the state 
superintendent of the fact, that they may be sent. 

Section 44. The clerk of each joint school-district shall report 
to the town clerk of each town a part of which is embraced in such 
district, the number of children residing in such part, in the man- 
ner set forth in the preceding section, and the number of days a 
school has been taught in the district by a qualified teacher, and the 
remainder of the items specified in the preceding section shall be 
embraced in the report made to the clerk of the town in which the 
school-house is situated* 

The clerk of a joint school-district must report to the town 
clerk of each town, apart of which is embraced in his district, 
the number of children, male and female designated separately, 
over the age of four and under the age of twenty, residing in 
that part of the district lying in the town, to the clerk of 
which the report is sent. Care should be taken not to report 
to any town clerk a greater number of children over four and 
under twenty years of age than reside in that part of the dis- 
trict lying within his town. In some instances the whole 

*SeeFormNo. 26. 



72 

number of children in a joint district is reported to each town 
clerk, causing the district to receive more than its share of 
school moneys distributed. This should be carefully avoided. 
He must also report the names of the parents or other persons 
with whom such children resided on the 31st day of August, 
preceding such report. He must also report to each town 
clerk, whose town embraces any part of the district, the num- 
ber of days a school has been taught in his district by a legally 
qualified teacher during the year covered by the report. This 
is obviously necessary to enable the town clerk to determine 
whether he can legally apportion money to the district 

In addition to the foregoing items, the clerk of a joint school- 
district will report all the other items called for in the general 
blank, to the clerk of the town containing that part of the dis- 
trict in which the school-house is situated. 

SCHOOL REPORTS FROM CITIES. 

As will be seen by the law given below, cities are now re- 
quired to make their annual reports directly to the state super- 
intendent. 

Chapter 128— General. Laws, 1870. 

Section 1. Each city of this state which is not under the juris- 
diction of a county superintendent, in the matter of supervision of 
schools and examination of teachers, shall hereafter make the annu- 
al report required by sections 43, 57 and 139 of chapter 155 of the 
general laws of 1^63, direct to the state superintendent of public 
instruction, instead of to the county superintendent. 

Section 2. In all cities having a superintendent of schools, 
said superintendent shsll make the report as aforesaid, and in cities 
having no superintendent of schools, the report shall be made by 
the clerk of the board of education. 

• Section 3. Tne state superintendent shall furnish suitable 
blanks on which to make the reports, and no school moneys shall be 
apportioned to any city for any year fur wbich the report shall not 
show that the number of children residing therein between the ages 
of Jour and twenty years, has been ascertained by an actual census 
taken by the city superintendent cf schools, the clerk of the board 
of education, or some person or persons authorized to take such 
census by the aforesaid officers or other authorities of said city. 

Section 4. All acts and parts of acts conflicting with the pro- 
visions of this act are hereby repealed. 



73 



SCHOOL REGISTER. 



Section 45. The clerk of each school-district shall furnish, at 
the expense of the district, a school register, in the form prescribed 
by the superintendent of public instruction, in which every teacher 
employed by the district board shall be required to enter the names, 
ages and studies of all scholars attending schoo 1 , and daily their 
attendance and absence, and such other facts as the county super- 
intendent or state superintendent may require, which register the 
teacher shall deliver to the clerk at the time he shall cease to be 
employed by such district, or at any other time when the same may 
be required for the use of the district board ; and the teacher shall 
make in writing, and transmit to the district board, or to the county 
superintendent, a report concerning any matter relating to his school, 
in such form and manner as said board or superintendent may pre- 
scribe. 

It is the duty of the clerk to promptly furnish the teacher 
with the register, and to call his attention to section -131 of 
the school law. which provides that, for willfully neglecting or 
refusing to comply with the requirements of law, relative to 
keeping the school register, he shall forfeit his wages. 

The form for a school register is given in the appendix (No. 
27). Economy will be best subserved in the end, if a good 
and substantially bound book is procured for this purpose. 
Registers are not supplied by this department, but may be ob- 
tained at the bookstores. 

The clerk should require the teacher to return the school 
register, at the end of the term for which he is employed, and 
should ascertain that it has been properly kept, before he 
draws an order on the treasurer in payment of the teacher's 
wages. He should also frequently examine the register during 
the term, in order to secure that accuracy in the method of 
keeping it, which will enable him to make a reliable report to 
the town clerk. Teachers are required by this section, to ren- 
der reports relating to their schools, and a refusal so to do is 
sufficient cause for annulling a certificate, or discharging the 
teacher thus violating the law. 

DUTIES AND POWERS OF THE DISTRICT BOARD. 

Section 46.* The director, treasurer and clerk shall constitute 
* Amended by chapter 108 of the general laws of 1868. 



74 : 

the district board. Meetings of the board may be called by any 
two members thereof by serving upon the othe: member a written 
notice of the time and plaee of sush meeting, at least twenty-four 
hours before such meeting is to take place. 

It will be seen by this section as it stands amended, 
that the powers conferred by law upon the district board 
must be exercised by the board, meeting and deliberating at 
the same time and place, and not by one or two forming a 
determination and obtaining the assent of the absent. The 
decision of a majority at a meetiug properly called is the de- 
cision of the board, but the decision of a majority or even of 
all three, under other circumstances, is not the decision of 
the board. It is merely the concurrent opinion of the mem- 
bers of the board, and is no more the decision of the board than 
the concurrent opinion of the members of the legislature, ar- 
rived at by taking their separate votes at their respective 
homes, would be an act of the legislature. The law supposes 
that a majority may be convinced by a minority and change 
its determination, and therefore will not allow the majority to 
act without giving the minority due notice to participate. 

It is held in 16 Maine K. 185, that the dismissal of a teacher 
by two, a majority of the board, was illegal, because the third 
was not notified, although he was out of town. The court say, 
" That does not allow the majority to dispense with the rule 
requiring notice. They are not in such cases constituted the 
judges whether the notice would be effectual to secure his at- 
tendance. Nor would it be entirely safe to entrust them with 
such a power, as it would afford an opportunity to select an 
occasion, when they might judge that a notice would be inef- 
fectual, and thus, by neglecting to give it, free themselves from 
the presence of a dissenting minority. It may often happen 
that those will be able to attend, who were believed to be so 
situated that their attendance could not be expected. Nor 
is there any difficulty in giving the requisite notice in such 
cases, as one lett at the usual place of residence would be suf- 
ficient." 



75 

In case of a vacancy in the district board, those in office 
possess all the powers of a full board for the purpose of filling 
such vacancy. 

If two vacancies exist at the same time, the remaining mem- 
ber cannot fill them. It must be done by the town clerk. 

A duty merely ministerial in its character, such as the exe- 
cution of a determination of the district board, may be per- 
formed by a single member. 

Section 4T. The district board shall purchase or lease such a 
site for a school-house as shall have been designated by the district, 
in the corporate name thereof, and shall build, hire or purchase such 
school-house out of the funds provided fcr that purpose, and make 
sale of any school-house, site or other property belonging to the 
district, and, if necessary, execute a conveyance of the same iu 
their name of office, when lawfully directed by the qualified voters 
of such district, ac any annual or special meeting. 

A school-district is a corporate body, and as such has per- 
petual succession and existence in its corporate name, and the 
capacity to h old real and personal estate for its corporate pur- 
poses. It possesses this power as a legal body, wholly distinct 
from the individuals which from time to time compose it. The 
district can act as a corporation only through its officers. The 
power to purchase or lease a site for a schcjol-house, or to build, 
hire or purchase a school-house, or to sell any school-house, 
site, or other property belongs exclusively to the district board. 
It is often the case that a building committee is appointed by 
the district to superintend the erection of a school-house. So 
far as a building committee aid the board oj their advice and 
service in carrying out the wishes of the people of the dis- 
trict, there can be no objection. But the district board alone 
has power to bind the district by a contract, written or verbal, 
and the district has no power to supersede them by appointing 
a building committee, or any other agents. The district may, 
however, through a committee, procure plans and specifications 
for a school-house, and may select such plan as is deemed suit- 
able, and limit the power of the district board to making a 



76 

contract for erecting a house according to the plan and specifi- 
cations adopted. 

This is the only way of controlling the district board. It 
rests with the board to accept or reject the work, unless the 
people, in district meeting, have appointed, or provided for the 
appointment of other arbiters. This may be done, by directing 
it to be inserted in the contract with the builder, that the suf- 
ficiency of the materials and workmanship under the contract 
shall be determined by persons named in the resolution. 

A stringent contract, which in all cases should be in writing, 
with proper provisions for the adjustment of any questions 
that may arise under it, will relieve the district board from 
much personal responsibility and trouble, as well as prevent 
quarrels and perhaps litigation, which are in any event disas- 
trous. 

The inhabitants of a district, assembled in district meeting, 
should give plain and specific instructions to the district board 
in regard to the matters referred to in this section. All votes 
relating to purchase or sale of site, school-house or other dis- 
trict property should be taken by ayes and noes, and all pro- 
ceedings should be entered at length upon the record book of 
the district. 

Section 48. The said board shall have the care and keeping of 
the school house and other property belonging to the district, except 
so far as the same shall be especially confided to the care of the 
clerk, including all books purchased by the district for the use of 
any children, and the said district board shall have power to pur- 
chase a record book, in which the proceedings of the meetings of the 
district and of the district board shall be recorded, and a book for 
keeping in proper form the treasurer's accounts, together with such 
blanks and stationery as are necessary for doing the business of the 
district in an orderly and business-like manner, and the clerk of 
such district may include the amount of such purchase, including 
the cost of the school register, in any tax to be collected in such 
district. 

The board has exclusive control of the property of the 
district, including the school-house, unless it shall be especially 
confided to the care of the clerk. In either case it is important 



77 

that the trust be faithfully discharged — that the furniture, 
books, fences, grounds, out-houses, etc., be carefully looked 
after. It will be convenient to devolve this care especially 
upon the clerk. 

The question often arises as to what use may be made of 
the school-house. This question may be viewed in two aspects : 
that of custom, and that of law. It has been customary to 
allow school-houses to be used, at proper times, for religious, 
literary and other meetings ; and so long as no injury is done 
to the property and no detriment arises to the school from 
such use of the school-house, it is unobjectionable. It is often 
the only place in the neighborhood in which any kind of 
public meeting can be held, and the board will not usually be 
blamed for allowing a discreet use to be made of the building. 
But on the other hand if even a minority are opposed to 
having the school-house used for any other than school pur- 
poses, it is better for the board not to allow the house to be 
opened. By taking this course, they will be most likely to 
avoid trouble, and will keep within the* sanction of the law. 

It may be urged that as the school-house is the property of 
the district, the electors may permit it to be used for any pur- 
pose they may think proper, or that a majority may legally 
authorize the school board to open the school-house for 
other than school purposes. It was held, however, by our su- 
preme court, in the case of school-district No. 8, vs. Arnold 
and another (21, W. E. 657,) that " although the school-house 
is the property of the district, it does not follow that the elect- 
ors may divert it from its original use. There m#y be others 
besides the electors interested in the school-building, and whose 
rights would be affected. Tax-paying females, non-resident 
tax-payers and others might have reason to complain if the 
building was used for other than school purposes." 

What the district has no power to do, legally, or to author- 
ize to be done, the board cannot legally do, on their own mo- 
tion. They can grant no right to use the district property for 



78 

t 
any other purpose than that of a school-house. They can by 

their acquiescence estop themselves from bringing an action for 

the act of entering the school-house which would otherwise be a 

trespass. In case the board authorize the use of the school - 

house for other than school purposes, contrary to the known 

wishes of any portion of the district, such use may be called 

in question by legal proceedings, and if the house has been 

injured, the board will be held liable for damages. 

The law does not prescribe nor has the state superintendent 

directed that any particular kind of record or account books 

shall be purchased. The board should obtain such as are suited 

to the wants and means of the district. 

Section 49. The district board shall provide the necessary ap- 
pendages for the school-house, and keep the same in good condition 
and repair during the time a school shall be taught therein ; and 
they shall keep an accurate account of all expenses incurred by 
them, and present such account for allowance to the qualified voters, 
at a regular district meeting; and the amount of such account, as 
allowed by such meeting, may be assessed and collected in the same 
manner as other district taxes, but no such account shall be allowed 
at a special district meeting, unless the intention to present the 
same shall be specified in the notice for such meeting. 

It is the duty of the district board to provide the necessary 
appendages for the school-house without waiting for instruc- 
tions so to do from the people of the district. They are also 
required to keep the school-house in good condition and repair 
during the time a school shall be taught therein. This duty 
should be promptly and efficiently performed. Under this 
section the board has power to cause to be built suitable out- 
houses, and to provide blackboards, etc., necessary to the suc- 
cessful management of the school. 

Section 50. The said board shall have power to fill by appoint- 
ment any vacancy that may occur in their own number, within ten 
days after such vacancy shall occur, and if such vacancy shall not 
be filled within ten days, as aforesaid, by said board, it shall be the 
duty of the town clerk to fill such vacancy by appointment. Any 
person appointed to fill a vacancy, upon being notified of such ap- 
pointment, shall be deemed to have accepted the same, unless he 
shall, within five days thereafter, file with the clerk or director a 



79 

written refusal to serve ; and any person appointed to fill a vacancy, 
shall hold the office until the annual meeting succeeding such 
appointment.* 

Vacancies may occur, occasioned by death ; refusal to serve 
(see comment upon section 31, p. 59) ; removal from the dis- 
trict ; resignation of office ; conviction of crime ; expira- 
tion of term of service ; and, removal from office by the 
governor or county judge. 

The power of the district board and town clerk under this 
section to fill vacancies, is confined to vacancies resulting from 
the foregoing causes. They are not authorized to set aside an 
election on the ground of a legal incapacity existing at the 
time, and which the voters disregarded. They must of neces- 
ity, decide in view of the facts, that a vacancy exists, and in 
the order making the appointment, the facts which have 
caused the vacancy, should be stated. 

In case of expiration of a term of service and no election to 
fill the vacancy, it is to be understood that the term does not 
actually expire until ten days after the annual meeting. The 
board then has power, for ten days, to fill the vacancy, and 
the town clerk has therefore no power to fill it, until twenty 
days after the annual meeting. 

A person should not be re-appointed who refuses to serve, or 
whose resignation has been accepted. The statute regards the 
penalty imposed for refusal to serve as an equivalent for the 
service. (See section 124). 

In case of appointment, the term of office of the appointee 
expires at the next annual meeting, and if a successor is not 
then elected, the incumbent cannot hold the office more than 
,,ten days after the annual meeting. It then becomes the duty 
of the board to fill such vacancy, and if they neglect to fill it, 
this duty devolves on the town clerk. In case it becomes thus 
necessary to fill a vacancy in a joint district, although the law 
does not distinctly so prescribe, it may be held to imply, that 
the appointment should be by the joint action of the clerks of 

* See Forms Nos. 30, 31 and 32. 



80 

all the towns concerned, as in the case of- the alteration of 
joint districts by town boards. 

Section 51. The district board may purchase, at the expense of 
the district, when parents or guardians may not be able to furnish 
the same, such school-books as in their judgment may be necessary 
for the use of any children attending school in their district, and 
they may include the amount of such purchase in any tax to be col- 
lected in such district. 

A correct account of all purchases made under authority of 
this section should be kept, and submitted to the annual meet- 
ing. The books thus purchased do not become the property 
of those using them. Tbey belong to the district, and the 
teacher should be directed to see that they are returned at the 
close of the term, and that they are preserved as other books 
belonging to the district. 

Section 52. The board shall have power to make all needful 
rules and regulations for the organization, gradation and govern- 
ment of the school or Bchools established in the district ; said rules 
to take effect and be in force when a copy of the same, signed by a 
majority of the board, shall be filed with the clerk ; to suspend any 
pupil from the privileges of the school for non-compliance with the 
rules established by them, or by the teacher, with their consent ; 
and to expel from the school any pupil who shall persistently refuse 
or neglect to obey the rules and regulations above mentioned, when- 
ever, upon due examination, they shall become satisfied that the inter- 
ests of the school demand such expulsion. 

The rules and regulations adopted by the district board 
should be recorded in their minutes, and a copy thereof should 
be posted in the school-room. The rules should be such as 
the good of the school seems to require. They should be 
comprehensive and reasonable. They should be so framed as 
to aid the teacher rather than to supplant him. The distiict 
board have full authority to organize, regulate, grade and clas- 
sify the school, but in all matters of this kind they will act 
under tne advice, and so far as practicable, with the consent 
of the teacher. The teacher, in the school-room, is the executive 
officer of the board. He must govern the school under the 
law, and according to such rules as are made in accordance 



81 

therewith. The rules and regulations made by the board must 
guide him until they are set aside by competent authority. 

The board have authority to suspend any pupil from the 
privileges of the school for non-compliance with the rules es- 
tablished by them, or by the teacher with their consent. The 
right to attend a common school is a common, not an exclusive 
personal right. The supreme court of Massachusetts (8 
Cush. Mass. E. 164) says in reference to this right, " like other 
common rights (that of way for instance), it must be exercised 
under such limitations and restrictions, that it shall not inter- 
fere with the equal and co-extensive rights of others. Take 
the case of a contagious disease : can it be doubted that the 
presence of a pupil infected could be lawfully prohibited, not 
for any fault, or crime, or wrong conduct, but simply because 
his attempt to insist on his right to attend, under such circum- 
stances, would be dangerous and noxious, and so an interrup- 
tion to the equal and common right." In the same case, the 
court held that school officers have a right to exclude a child 
for open, gross immorality, manifested by licentious language, 
manners and habits, though not manifested by acts of licen- 
tiousness or immorality within ^,he school; for, says the court t , 
"it is as necessary in the unreserved intercourse of pupils of 
the same school, as well without as within its precints, to pre- 
serve the pure minded, ingenuous and unsuspecting children 
of both sexes from the contaminating influences of those of 
depraved sentiments and vicious propensities and habits, as 
from those infected with contagious diseases." 

While there can be no doubt that the board have the power 
to exclude a child, not for punishment merely, but for the pro- 
tection of others from vicious influences that would defeat the 
object for which the school is organized, yet we are not to for- 
get that humanity dictates that we deal gently with erring 
childhood. Education seeks to deter from vice, and also to 
reclaim those who have become vicious through parental neg- 
lect or parental example. Remonstrance and persuasion must 
6— Sch. Code. 



82 

be exhausted before suspension from school can be justified. 
Expulsion from school is justified only by such insubordi- 
nation on the part of the pupil as to render it impossible to 
maintain order and discipline without excluding him. The 
district board should, however, exercise this power, only after 
an earnest effort to avoid a resort to it. Teachers are not with- 
out infirmities, and their calling sometimes aggravates them ; 
and it is the duty of the board to know that there has been 
no oppressive exercise of power, which has led to the insub- 
ordination that is made the occasion of a punishment so severe. 
Power must always be tempered by benignity, and justice 
must be administered in the spirit of mercy. 

In case the board neglects to make and establish rules, as 
provided for in this section, the teacher is not therefore inhibi- 
ted from managing and governing the school according to his 
best judgment, nor can any advantage be taken of the fact that 
his rules have not been consented to by the board. In case of 
serious insubordination he should call upon the board to sus- 
tain his authority; and when so called upon, the board should 
be careful not to weaken his authority by criticising his con- 
duct before the school. * 

Section 53.* The board in each school district shall have 
power, under the advice of the superintendent of publie instruction, 
to determine what school and text-books shall be used in the several 
branches taught in the schools of such district. They shall make 
out a list of books to be used in each branch of study pursued in 
such school, and shall file a copy of such list with the district clerk, 
and put up one copy in the school-house of such district ; and when 
said list of books is adopted, it shall not be changed for the term of 
three years ; and any member of a district board in any school dis- 
trict in this state, or any member of the board of education of any 
city or incorporated village of this state, in which a list of text- 
books has been adopted according to the provisions of this section, 
who shall, within three years from the date of such adoption, order 
a changes of text-books in such district, shall forfeit the sum of fifty 
dollars. 

It is unwise in the district board to make sudden and sweep- 
ing changes in text-books. Such changes as are necessary to 

* Amended by chapter 156 of general laws of 1868. 



secure uniformity in the school should be made. This is so 
obvious, and so generally admitted as to need no argument 
The board should determine, by resolution, what school and 
test-books shall be used, and then, after duly recording the 
resolution, and posting a copy in the school-room, they should 
see that the books adopted are introduced and used. While 
the power to select books is left by law exclusively 'in the 
hands of the district board, it is, nevertheless, proper for them 
to consult with teachers in regard to the subject. 

In selecting text-books all works of a controversial or sec- 
tarian tendency should be excluded. 

After a series of books, or any single book, map or chart,, 
card, &c, has been adopted, no other work on the same sub- 
ject can be substituted for such series, book, map, &c, within 
three years, but a new book, on a new subject of study, may 
be added to the list at any time. The law does not require 
that the list should be changed every three years, but it ex- 
pressly prohibits changes in text-books until they have been 
in use three years ; and it will be observed that a penalty is 
now attached to the violation of the law. 

School officers will find in the annual report of the superin- 
tendent of public instruction, such recommendations in regard 
to text-books, as that officer, in the discharge of the duty im- 
posed upon him by statute, has to make. 

Section 54. It shall be the duty of the district board to visit 
the school or schools under their care, to examine into the condition 
of the school and the progress of the pupils, to advise and consult 
■with the teacher in reference to methods of instruction, management 
and government, and to exercise such general supervision as is 
necessary to carry out the provisions of this chapter. 

A careful performance of the duty imposed by this section 
would increase the efficiency of our schools. The members 
of the district board should visit the school frequently. These 
visits should be informal, and should be marked by courtesy 
towards the teacher, and kindness towards the pupils ; but 
classes should be examined, and the management of the school 



should be carefully observed. Au arrangement that will ena- 
ble the members of the board to visit the school in turn, and 
that will secure a report in writing from each person visiting 
it, is very desirable. 

The board should also invite competent and prudent persons 
to examine the school, and to report to them in writing the re- 
sult of such examination. No business can be successfully 
conducted without faithful and intelligent supervision. This 
obvious rule is especially applicable to educational affairs. 

BRANCHES TO BE TAUGHT IN SCHOOL. 

Section 55. Orthography, Heading, Writing, English Gram- 
mar, Geography and Arithmetic shall be taught in every district 
scbool, and such other branches as nay be determined upon by the 
district board : provided, that no branch of study shall be taught 
in any other than the English language. 

The law wisely provides that those branches essential to a 
good education should be taught in every public school, and 
that all branches of study shall be taught in the English lan- 
guage. 

The district board should avoid the introduction of any 
branch of study, aside from those required by law, which will 
tend to practically exclude the foregoing. They should insist 
upon the school being so conducted as to secure daily instruc- 
tion and daily practice in Beading, Spelling and Writing. 
These branches are often neglected, and others, such as Alge- 
bra, Latin and Bhetoric, are introduced to the detriment of 
all the scholars in the school. It is especially necessary that 
teachers should require their pupils to write in connection 
with every school exercise, from ihe primary school to the 
university. 

The law contemplates an English school. The object of the 
public school is to educate children so as to make them 
good citizens. Its instruction, discipline and government 
must be of such a character as to prepare the young to dis- 
charge their duties as citizens of a country where the language 
' of the courts, the legislature, and the people is the English 



85 

language. To secure the requisite ability on the part of the 
teacher to carry out this provision of the law, section 102 pro- 
vides " that no person shall receive a certificate of any grade 
who does not write and speak the English language with 
facility and correctness." Teachers who speak other than 
the English language, may be employed, and their knowledge 
of Grerman or Norwegian may be of great use in teaching the 
children of these nationalities, but every teacher must speak, 
write and read English before he is legally qualified to teach a 
public school. 

INSTRUCTION IN FOREIGN LANGUAGES. 
Chapter 50 — General Laws of 1869. 

Section 1. The district board of any school-district, or the 
board of education of any incorporated village or city in this state, 
may provide for the instruction of the pupils of the common schools 
m|their district, or such as may desire it, in any of the foreign 
languages, not to exceed one hour each day : provided, the teacher 
of such school is competent to give such instruction, or a proper 
instructor for such purpose can be obtained. 

Section 2. All acts or parts of acts, so far as they are incon- 
sistent with this act, a.ie hereby repealed. 

In consequence of the large and increasing number of 
persons of foreign birth in this state, a law was enacted 
at the session of 1869, which provides that one hour in each 
day may he given to instruction in foreign langages. The 
intention of this law is not to encourage but rather to limit 
the introduction of other languages than the English into 
common schools. While it is natural that persons of foreign 
birth should wish their children to read as well as speak their 
native tongue, it is the policy of the state to provide that all 
may learn the common language of the country. The law in 
question was not intended to affect instruction in the class- 
ical or modern languages, when the same form a part of a 
course of study in high-schools. 

duties of town treasurers. 
Section 56. It shall be the duty of the town treasurer of each 



86 

let. To apply for and receive from the county treasurers all 
moneys apportioned for the use of common schools in his town, and 
to pay the same, together with all moneys raised in the town for 
the support of sshools, to the treasurers of the districts entitled to 
receive them, upon the order or apportionment of the town clerk. 

2d. To pay over to the district treasurer, on demand, all school- 
district taxes raised in each district and collected by him, and the 
amount of all school-district taxes returned to the county treasurer 
of his county as delinquent, whenever the same shall have been col- 
lected and paid over by said county treasurer ; or, if such town 
treasurer shall receive credit from the county treasurer for such de- 
linquent tax, or any part thereof, on account of any demand or 
claim due from such town to said county, then the said town treas- 
urer shall pay over the amount of such delinquent tax, or the part 
for which credit has been s« received, to the treasurer of the proper 
school-district, on demand thereafter. 

3d. On or before the second Monday of March in each year, to 
certify to the town clerk the amount of school moneys in his hands,' 
to be apportioned by said clerk, and immediately upon che receipt of 
any mooeys from the state school fund to certify the same to the 
clerk, for apportionment.* 

The town treasurer will hold, subject to the order of the 
several district treasurers of his town, all district taxes col- 
lected by him. Also all money raised by taxes levied upon 
the town by the county board of supervisors, and all money 
raised by the town in addition thereto, and pay the same over 
to the several district treasurers, according to the apportion- 
ment made by the town clerk under the law. He will also 
receive Irom the county treasurer, the amount apportioned by 
the superintendent of public instruction to his town, out of 
the income of the school fund, and pay the same over to the 
district treasurer according to the apportionment made by the 
town clerk. • The town treasurer will also receive all money 
paid on account of delinquent taxes, and pay the same over 
to the proper district treasurers. No school taxes except dis- 
trict taxes will be returned, delinquent, if the law is complied 
with. (See section 92, chapter 18 of the revised statutes). 

It is the duty of the town treasurer to notify the town clerk 
of any money which he holds subject to apportionment by 
said town clerk, and to inform district treasurers promptly of 

* See Form No. 33, 



87 

■any funds in the town treasury belonging to the respective 
districts. 

District treasurers are not required to accept any taxes or 
school funds from the town treasurer in anything but cash. 

The certificate required to be made on or before the second 
Monday of March, in each year, must state specifically the 
several amounts received from town and county tax, and the 
amount of income "unapportioned which remains in the town 
treasury; it must also include any money apportioned the pre- 
vious year, which has not been paid over to the district treas- 
urers. 

DUTIES 0E TOWN CLERK. 

Section 57. It shall be the duty of the town clerk, between 
the fifteenth and twenty- fifth days of September in each year, to 
make and transmit to the superintendent of schools for the county, 
a report, in writing, bearing date on the fifteenth day of September, 
in the year of its transmission, stating — 

1st. The whole number of school-districts separately set off within 
the town. 

2d. The districts and parts of districts from which reports shall 
have been made to him, cr his immediate predecessor in office, within 
the time limited for that purpose. 

3d. The length of time a school shall have been taught in each of 
such districts or parts of districts. 

4th. The amount of public moneys received in each of such dis- 
tricts and parts of districts. 

5th. The number of children taught in each, and the number of 
children over the age of four and under the age of twenty years, 
residing in each. 

6th. The whole amount of money received in the town for 
school purposes since the date of the last preceding report, set- 
ting forth, separately, the amount received from the state through 
the county treasurer, the amount levied by the county board of 
supervisors, and the amount raised by the town at its annual 
meeting. 

7th. The amount of money raised by district tax for school 
purposes. 

8th. The manner in which said moneys have been expended, and 
whether any and what t part remains unexpended, with such other 
information as the state superintendent may from time to time re- 
quire.* 

* See Form, No. 34. 



Blank reports, prepared by the superintendent of public in- 
struction are annually sent to town clerks. Such instructions 
as are needed always accompany the blanks. 

In towns which have adopted the " township system of 
school government," provided for in chapter 182 of the general 
laws of 1869, the report required in the foregoing section will 
be made by the "secretary of the town board of school di- 
rectors." This law will be found on subsequent pages. 

Section 58. It shall bo the duty of the town clerk to see that 
the annual reports of the clerks of the several school-districts in 
his town are made correctly and in due time, and to receive and 
keep all such reports made to him by the district clerks, with all 
orders and notices *)f the town board of supervisors relative to the 
formation or alteration of school districts, and file them in his office; 
and he shall record in a book kept for that purpose, such description 
of school-districts and organization or alteration thereof, as shall be 
furnished him by the board of supervisors. He shall also make and 
keep in his office a map of the town, showing the exact boundaries 
of all the school-districts therein, as appears from records on fil6 f 
and when a new district is formed, shall furnish a map thereof to> 
the district clerk. He shall within ten days after his election or 
appointment, report his name and post office address to the county 
superintendent of schools; and the name and post office address of 
each district clerk, within ten days after the filing of the same in 
his office It shall also be the duty of the town clerk to apportion 
the school moneys raised by the town and collected by the town 
treasurer, on the third Monday of March, and those received from 
the state, through the county treasurer, on the third Monday of 
June in each year, or as soon thereafter as the same shall be collect- 
ed or received by the town treasurer, to the several districts and 
parts of districts within the town, in proprortion to the number of 
children residing in each, over the age of four and under the age of 
twenty years, as the same shall appear from the last annual reports 
of their respective clerks,* 

Section 59. No money shall be apportioned to any district or 
part of a district, unless it shall appear by the report thereof, 
verified by the affidavit of the clerk of said district or part of a 
district, that a school has been taught therein, by a duly qualified 
teacher for at least five months during the year ending at the date 
of such report, and that all school moneys received during rhat year 
from the income of the school fund, have been applied to the pay- 
ment of the wages of a legally qualified teacher. 

The duties of town clerks are set forth so specifically as to 
need no special comment. 

+See Forms Nos. 35 and 36. 



89 

All moneys apportioned by the town clerk must be appor- 
tioned according to the number of persons over four and 
under twenty years of age residing in the several districts and 
parts of districts of his town, in which five months school 
have been maintained during the past year. Money must not 
be apportioned to any district that does not furnish the 
evidence required by section 59 : 

1. That a school has been taught therein. 

2. That the teacher thereof was duly qualified. 

3. That the school was maintained at least five months 
during the year ; and, 

4. That an amount equal to that received from the income 
of the school fund, has been applied to the payment of teach- 
ers' wages. 

It will be understood that five months means not less one 
hundred and ten days of school, including legal holidays. 
Holidays which occur on days when school would not other- 
wise have been taught, are not to be counted. The legal 
holidays are named on page 70. 

Section 60. If. after the time when the annual reports of the 
school-districts are required to be dated, and before the apportion- 
ment of school moneys shall be made, a district shall be duly alter- 
ed, or a new district shall be formed in the town, so as to render 
an apportionment founded on such annual reports unjust, as be- 
tween two or moro districts of the town, the ttwn clerk shall make 
an apportionment to such districts, according to the number of 
children in each, over the age of four and under the age of twenty 
years, ascertaining the number by the best evidence within his 
reach. 

Section 61. All moneys apportioned by the town clerk to any 
district or part of a district, which shall have remained in the hands 
of the town treasurer, for one year after such apportionment, by 
reason of such district or part of a district neglecting or refusing to 
receive the same, shall be added to the moneys next thereafter to be 
apportioned by such town clerk to the several districts and parts of 
districts in such town, and apportioned therewith. 

No new distriot is entitled to any public money until it shall 
have had a five months' school, but, if an alteration 
of a» district be made, and a new district be formed as the 



90 

result of such alteration, between the time of making the 
annual report and the time for making the next apportionment, 
the money drawn on account of the pupils thus set off from a 
district, after being reported as pupils of that district, must be 
paid to the district in which such pupils are found. 

Public money of any kind remaining in the hands of the 
town treasurer, for one year, after having been appor- 
tioned by the town clerk, must be added to the amount 
to be apportioned for the next year. 

STATEMENT OF DISTRICT TAXES. 

Section 62.* The clerk of each school district shall, on or be- 
fore the first Monday of November, in each year, deliver to the town 
clerk of the town in which the district is situated, a statement in 
wridng, verified by his affidavit, showing the amount of the tax or 
taxes voted to be raised at the last preceding annual meeting, or at 
the first meeting after the organization of the district, or both, as 
the case may require, and the tax voted at any special meeting held 
between the time of the annual meeting and the first Monday of 
November, together with a list of all persons and corporations liable 
to a school district tax therein. In case of a joint district, ho shall 
deliver to the town clerk of each town in which any part of the dis- 
trict is situated, a statement so verified, showing the proportion of 
tax to be so assessed in that part of the district within such town, 
together with a list of all persons and corporations liable to a school 
district tax in that part of the district. Such proportion shall be 
ascertained from the valuation contained in the last assessment rolls 
of the respective towns, and to enable the district clerk to ascertain 
the same, the town clerk of each such town shall, on demand at 
any time after he has received the equalized assessment roll of his 
town, deliver to the clerk of any such joint district, a certified 
statement of the valuation of real and personal property in that 
part of such district lying within his town, as the same appears 
from said assessment roll.f 

Chapter 81 of the general laws of 1869 changed this section 
S3 as to require each district clerk to deliver his statement to 
the town clerk on or before the first instead of the fourth 
Monday of November in each year ; and taxes can be voted 
at a special meeting subsequent to the annual meeting and 
included in this statement, only up to said first Monday, 
instead of the " third Monday," as heretofore. 

* Amended by chapter 81 of general laws of 1869. 
t See form Nos. 37 & 38. 



91 

The district clerk is not required to assess the tax, nor to 
describe the real or personal property of those liable to a tax, 
but only to return the names of persons and corporations thus 
liable. 

By act of April 1st, 1854, railroads and plankroads are 
exempt from all but a state tax. All other property can be 
taxed for school, the same as for other purposes. 

ASSESSMENT OF DISTRICT TAX, 

Section 63. The town clerk shall assess said tax, or the due 
proportion thereof, upon the real and personal property liable there- 
to, placing the same in a separate column in the next assessment 
roll of his town, delivered to the town treasurer for collection, 
whenever such certificate cf the district clsrk shall be received by 
him in time therefor, although after the fourth ^Monday of Novem- 
ber ; and if for any reason, such tax shaU not be assessed in the 
next assessment roll after the tax is voted, it shall be assessed in 
that of the next succeeding year. The tax shall in all respects be 
collected or returned delinquent like other taxes, and when collect- 
ed, the money shall be paid over to the district treasurer '.provided, 
that if there shall be a deficiency in cash funds in the town treasu- 
ry, to pay all the charges thereon in any year, then the town treas- 
urer shall set apart a sufficient amount of such funds to pay in full 
the amount of moneys levied and assessed for common school pur- 
poses, and returned taxes collected for any school district : And 
provided, further, that merchants' and manufacturers' stock 
shall be liable to assessment for school tax, only in the school dis- 
trict where the same is situated. 

The town clerk is required by law to deliver the tax roll to 
the collector on or before the second Monday of December, 
and if the district clerk should neglect until that time to de- 
liver the statement required by section 62, the tax cannot be 
collected until the following year. For this reason the state- 
ment is required earlier than heretofore, as stated above. 

Upon the delivery to him of such statement, the town clerk 
should give the district clerk a certificate that he has received 
the same, stating the amount of the tax, and the time when 
received, which certificate should be filed in the office of the 
district clerk. 

* See amendment of section 62. 



92 

Care should be exercised lest the school-district taxes be 
aggregated with the town school taxes. 

If, in any case the district clerk fails to report the tax to be 
raised, until it is too late to have the same entered upon the 
town tax list, and the district needs the money, a special meet- 
ing may be called which may rescind the acts of the annual 
meeting, recall the list certified to the town clerk, and vote a 
special tax to be collected as provided for in sections 64 to 75 
inclusive. 

LEVY AND COLLECTION OF TAXES BY DISTRICT OFFICERS. 

Section 64. Any tax voted at a special meeting held at a time 
not specified in section sixty-two of this chapter, shall be assessed 
by the district clerk and collected by the district treasurer in the 
manner hereinafter provided, unless the meeting which voted such 
tax shall determine that the same shall be collect d by the town 
treasurer, in which case the district clerk shall include such tax in 
the statement which by section sixty- two of this chapter he is re- 
quired to deliver to the town clerk on or before the fourth Monday 
of November.* 

Section 65. The clerk of each school district shall make out 
the tax list, and shall enter therein the names of all persons liable 
to pay a school ■district tax in such district, the amount of personal 
property to be taxed to each such person, and a description of all 
the taxable real estate in such district ; and he shall set opposite 
to each description of taxable property, the valuation of the same 
and the amount of tax charged upon such property, and to each 
person respectively. Such description and valuation of taxable 
property shall be ascertained so far as possible from the last assess- 
ment roll of the town.f 

Section 66. The warrant annexed to such tax list shall be under 
the hand of the clerk of the district and shall command the treas- 
urer of such district, to collect from each of the taxable persons and 
corporations named in such tax list, and of the owners of the real 
estate described therein, the several sums set opposite to the per- 
sons and corporations so named, and to the several tracts of land so 
described, within forty days from the date thereof ; and within ten 
days from the date of such warrant, to personally demand such tax 
of the persons charged therewith in such lists, if they be found 
within his town ; and that if any such tax shall not be paid within 
said ten days, to collect the same by distress and sale of personal 
property, in the same manner as town treasurers are authorized to 
collect town and county taxes ; and the said treasurer shall execute 

* Changed to first Monday. See section 62. 
•tSee i'orm No. 39. 



93 

said warrant and return the same to the clerk at the expirat.on 
the time limited therein for the collection of s ch tax list.* 

Section 67. If any tax on real estate, in any tax list d^iverel 
to the treasurer of any district, shall remain unpaid at th .> time h : 3 
is required by law to return his warrant to the clerk of t';\) di;:.tri?tj 
such treasurer shall make out and deliver to the town clerk of his 
town, a statement in writing, containing a description of the lots 
and pieces of land upon which such taxes remain so unpaid f , together 
with the amount of tax assessed to each ; and he shall make and 
subscribe an affidavit to such statement, before some justice of the 
peace, or other person authorized to administer oaths, that the taxes 
mentioned in sucb statement remain unpaid, and that after diligent 
efforts he has been unable to collect the same ; and whenever any 
school district shall embrace parts of more than one town, such 
treasurer shall make his return as aforesaid, to the town clerks of 
all the towns in which the parts of such district shall be situated. f 
Section 68. The town clerk, upon delivery to him of such 
statement, shall give a certificate to the treasurer of the amount of 
taxes so remaining unpaid, as the same shall appear from the state- 
ment of such treasurer, which certificate shall be deposited by the 
treasurer with the district clerk, and shall be filed by such clerk. % 

Section 69. The town clerk shall, in making out the duplicate 
assessment roll of the town next thereafter, enter such unpaid tax- 
es in a separate column therein, opposite the description of the land 
upon which taxes so remain unpaid, and such taxes shall be collect- 
ed in the same manner as town and county taxes are collected; and 
when so collected shall be paid over to the treasurer of the district 
in which such taxes were originally assessed. 

Section 70. The warrant issued by the clerk of any school-dis- 
trict for the collection of any district tax authorized to le raised 
and collected by section sixty-four of this chapter, may be executed 
in any other district or town in the same county, or in any other 
county in which any part of such district is situated, when the dis- 
trict is cemposed of parts of two or more adjoining counties, and 
such warrant shall have the like force and effect as a warrant issued 
by a town clerk for the collection of town and county taxes ; and 
the treasurer of the district to whom any warrant may be delivered 
for the collection ot a tax list, shall possess the like power? in the 
execution of the same, as are conferred by law upon the treasurers 
of towns in the collection of town and county taxes. 

Section 71. Whenever any error shall bo discovered in any dis- 
trict tax list, and made to appear to the district board, they may 
authorize and empower the clerk to amend and correct such error in 
said tax list, and may order any moneys which may have been im- 
properly collected on such tax list, to be refunded. 

Section 72. Whenever the clerk of any district shall deem it 
necessary, he may renew the warrant annexed to any tax list in his 

* See Form No. 40. 
t See Form, No. 41. 
JSeeForir, No. 43. 



94 

district for thirty days, but he shall not have power to renew such 
warrant more than once, without the consent of the town clerk of 
the town in which the school-house of such districc shall be located, 
which consent shall be indorsed on such warrant.* 

Section 73. When any district tax shall be lawfully assessed 
and paid by any person on account of any real property whereof he 
is only a tenant at will, or for any period not exceeding three years, 
such tenant may charge and collect of the owner of f such real estate 
the amount of the tax so paid by him, unless some agreement to the 
contrary shall have been made by such tenant. 

Section 74. Whenever any real estate in any school-district 
shall not have been separately valued in the assesment roll of the 
town, and the valuation of such real estate can not be definitely 
ascertained from such assessment roll, the district board of such 
district shall estimate the value of the same in proportion to the 
valuation affixed in said assessment roll to the whole tract of which 
such lot or piece of land forms a part. 

EQUALIZATION OP TAXES IN JOINT DISTRICTS, 

Section 75. Whenever a school-district embraces a part of 
more than one town, the town board of supervisors of the towns so 
in part embraced, upou application of any three persons liable to pay 
taxes in such district, shall proceed to inquire and determine whether 
tho valuations of taxable property in the assessment rolls of such 
towns are just as compared with each other, in respect to such dis- 
trict, and if considered not to be so, they shall determine the rela- 
tive proportion of taxes to be assessed upon the real estate of the 
parts of such district s.o lying in different towns ; and any tax 
thereafter to be raised in such district shall be apportioned and as- 
sessed according to such determination, until the same shall be 
altered upon a like application and determination, as before men- 
tioned, f 

In case of special district taxes, not mentioned in section 62, 
the district clerk issues the warrant directly to the district 
treasurer, who makes his return to the district board, and re- 
turns the delinquent tax list to the town clerk, by whom it 
should be regularly entered in the next assessment roll of the 
town. 

TOWNS MAT RAISE ADDITIONAL TAXES. 

Section 76. The qualified electors of each town shall have pow- 
er, at any legal meeting thereot, to vote to raise such sum -of money 
for the support of common schools, in addition to the amount re- 
quired by law to be raised, as they may deem necessary. 

* See form No. 43. 
t See Form No. 44. 



. 95 

ON WHAT PROPERTY TAXES MAY BE ASSESSED. 

Section 77. All taxes raised and collected in any school-district 
for any of the purposes authorized by the provisions of this 
chapter, except wiien otherwise provided, shall be assessed on the 
same kind of property as taxes for town and county purposes are 
assessed* 

ESTABLISHMENT OP SCHOOL-HOUSE SITES. 

Section 78.* Whenever a school-district shall be unable to ob- 
tain the school-house site, or addition to such site, selected or des- 
ignated by a majority of the electors thereof present at a regular 
meeting or at a special meeting called for that purpose, on account 
of the refusal, of the owner to sell or lease the same for a just and 
reasonable compensation, or on account of the owner being a non- 
resident, such site may be located and established by the town 
board of supervisors in the manner hereinafter provided, 

The town boards of supervisors are not to select school- 
house sites ; their fluty is to locate and establish them after 
they shall have been designated or selected by the electors of 
the districts desiring to obtain the same. This section was so 
amended by chapter 151 of the general laws of 1868, as to 
enable the supervisors to locate and establish an addition to a 
site as well as the original site. 

Section 79. Whenever the electors of any school-district, either 
at their aanual or at any special meeting legally called for that 
purpose, shall make application to the board of supervisors in their 
respective towns, the said board upon satisfactory proof being made 
to them, by the certificate of the district clerk, or otherwise, that 
the notices required in the next section have been duly given, shall 
proceed to establish a school house site for said district ; provided, 
that such school-house site shall not exceed one acre of land ; and 
provided, further, that such land when it shall cease to be used as 
a school house site, shall revert to the original owner, his heirs and 
assign s.f 

Section 80. Upon application made by any school-district, by 
vote as aforesaid, such board shall make out and sign a notice in 
writing, and fix a time and place when and 'Where they will meet 
and dtcide upon such application, which said notice shall also con- 
tain a brief description of the land upon which it is proposed to 
locate ?uch school-house site, which said notice shall be served by 
the district clerk of said district upon the owners and occupants of 

* Amended by chapter 151 of general laws of 186S. 
tSee FormlSo. 45. 



96 

the land upon which it is proposed to locate such site, at least six 
days previous to the day appointed for such meeting. Such notice 
shall be served by delivering it to each owner and occupant 
of such land, who may be residents of this state, or by leaving the 
same at their respective residences, with some person of suitable 
age and understanding. And if there be no oc3upant of such land, 
and the owner or owners thereof be unknown to the said board, or 
shall reside without this state, then such notice may be served by 
publishing the same in the newspaper published nearest said land, 
once in each week for six successive weeks next before the said day 
of meeting.* 

Section 81. Whenever the said board shall locate and establish 
any school-house site, they shall cause an accurate survey and de- 
scription of the same to be made out, and shall fix and award the 
compensation to be made to the owner or owners for such' site, to- 
gether with all damages sustained by such owner or owners of all 
lands so taken. They shall also, within ten days after agreeing 
thereupon, make out and sign duplicate certificates, containing their 
action upon such application, a description of the lands so taken, 
according lo ^he survey, and the amount of compensation and dam- 
ages so awarded to each of such owners, one of which shall be de- 
livered to the occupant or occupants of the land so taken for such 
school-house site, and the other to the clerk t f said district, who 
shall cause the same to be recorded in the office of the register of 
deeds of the proper county : provided, that in case the said board 
shall deem it advisable, they may, before agreeing upon their said 
award, adjourn from time to time, not to exceed in all ten days, 
and that any two of said board may act in the absence of the 
other, t 

Section 82. The sum of money so awarded by the said board, 
shall be paid to the owner of the land upon which such site is locat- 
ed, or in case the owner is a non-resident, or refuses to accept the 
noney, it shall be deposited with the treasurer of the district, tc the 
order of the owner of said land ; and it shall not be lawful for said 
district to occupy said land without the consent of the owner there- 
of, until such money shall be paid, tendered or deposited as afore- 
said. 

Section 83. No land shall be taken for a school-house site, ex- 
cept by consent of the owner, that may not be taken for highway 
purposes, according to section fifty-four, chapter nineteen, of the re- 
vised statutes. 

Section 84. Any person aggrieved by the decision of the above 
board in the award of! damages, may appeal therefrom to the circuit 
court for any county in which such site is situated, by filing with 
the clerk of such district a notice of such appeal, whLih notice shall 
specify all the grounds of such appeal, within twenty days after the 
receipt of the duplicate certificate mentioned in section eighty-one 

* See Forms Nos. 46 and 47. 
tSee Form No. 48. 



of this aet, and paying to the said district clerk one dollar for the 
state tax on the appeal, and one dollar for making the return there- 
to ; and thereupon the clerk of such district shall, within twenty 
days thereafter, file with the clerk of said circuit court a certified 
oopy of such certificate, together with such notice of appeal and the 
date of service thereof, and shall pay to such clerk of the circuit 
court one dollar for the tax on the appeal ; and tnereupon the clerk 
of such court shall enter an action therein, in which the appellant 
shall be plaintiff and the school-district defendant. The issues in 
said action shall be the legality of all the proceedings of said board 
under this act, and the amount of compensation and damages to 
which the plaintiff is entitled by reason of the taking of his lands 
for a school-house site, as aforesaid. And the issue shall be tried 
without further pleadings, in the same manner as other issues of fact 
are tried in such court, and either party shall be entitled to a jury, 
and the judgment therein shall be enforced in the same manner as 
other judgments in personal actions rendered by said circuit court : 
provided, that in all cases where the question of damages is the 
only issue, and the plaintiff does not recover a larger sum than was 
awarded him by such board, he shall recover no costs. 

Section 85. Whenever the district is situated in two or more 
towns, the said board shall consist of the boards of supervisors of 
each town in which such district is situated. 

Section 4 of chapter 434 of tke general laws of 1864, as giy- 
en below, applies the provisions of sections 78 to 85, to the 
enlargement of school-house sites already located. 

Section 4. All the provisions of the said chapter one hundred 
and fifty-five, in reference to the location and establlsment of school- 
house sites, shall apply to the sele:tion and establishment of any 
addition to a site already located : provided, that no site thus en- 
larged shall exceed one acre of land. 

Chapter 90 of the general laws of 1868 provides as follows 
for obtaining a school house site upon land owned by an in- 
fant. 

Section 1. Whenever any school-district in this state or any 
town board of supervisors in behalf of any such district shall locate 
a site for a school-house upon any lands owned by any infant, or in 
which any infant has an interest, the circuit or county court of the 
county in which said land is situated may authorize the guardian or 
parent of such infant to execute a perpetual lease of any lands of 
such infant, not exceeding one acre in amount, to be used by said 
district, its successors or assigns for school purposes only, and when 
any such land is held in trust for any iafant the trustees may be au- 
thorized to execute such perpetual lease in behalf of the said infant 
^—Sch. Code. 



for whom said land is held in trust, and when any such lease is ex- 
ecuted pursuant to the order of said circuit or county court, the 
same shall pass to and vest in the lessee all the interest of said in- 
fant in said lands authorized to be granted by said court. 

Section 2. Before granting leave to make and execute said lease 
it shall be made to appear satisfactorily to said court that the said 
premises are needed for school purposes, that the consideration to 
be paid for the interest of said infant therein is adequate, and that 
the interest of said infant will not be prejudiced by the execution 
of said lease ; and before making any such order the court shall re- 
quire the guardian or other person authorized to execute said lease 
to execute a bond to account for and pay over tte funds or money 
received, as in cases provided by law for the sale of lands of minors, 

COUNTY SUPERINTENDENT. 

Section 86. There shall be chosen at the general election held 
on the Tuesday next succeeding the first Monday in November; in 
the year 1^61, and biennially thereafter, a county superintendent of 
schools for each county of the state, who shall enter upon the duties 
of his office on the first day of January succeeding his election, and 
shall hold the same for two years, and until his successor is elected 
and qualified. In each county of the state having over fifteen thou- 
sand inhabitants, according to the last preceding census, the county 
board of supervisors may, at any meeting prior to an election of 
county superintendent in any year, determine by resolution, to re- 
main in force until rescinded, that two county superintendents shall 
be chosen for such county ; and said board of supervisors shall 
thereupon divide the county into two districts, to be called respect- 
ively " superintendent district number one," and "superintendent 
district number two." While such resolution shall remain unre- 
scinded each such district shall elect a county superintendent for 
such district, to be called "county superintendent of schools for 
district number one," or " two," as the case may be. When a 
county contains more than one senate district, each such senate dis- 
trict shall constitute a superintendent district, to be numbered as 
above provided, except senate districts lying wholly within incorpo- 
rated cities which may have elected as provided for in section ninety- 
six of this act. Such county superintendents of schools for dis- 
tricts shall, within the limits of their respective districts, have the 
same powers and duties as other county superintendents. Their 
terms of ofiice shall be the same, and their election shall be con- 
ducted and canvassed as provided in this act for the election of 
county superintendents ; and all the provisions of this act or of ariy 
other law of this state in relation to county superintendents of 
schools, shall apply to the county superintendents of schools for 
districts, unless the latter shall be expressly exempted therefrom. 

It is left optional "with the board of supervisors of eacli 
county containing more than 15,000 inhabitants, according to 



the last preceding census, to authorize the election of two 
superintendents for the county instead of one. 

The advantages arising from dividing the largest and most 
densely populated counties, are too obvious to require special 
remark. To visit the schools, and examine the teachers in a 
county containing from one hundred to one hundred and fifty 
districts, involves more labor than one person can perform. 
The importance of thorough and judicious supervision cannot 
be too highly estimated ; and money expended to secure the 
services of men properly qualified for this business, is well 
invested. 

Any action of the board of supervisors, either in dividing 
the county, or in uniting superintendent districts, or in chang- 
ing their boundaries, should be taken previously to the time of 
issuing the notice of election, so that the limits of the super- 
intendent districts may be clearly defined in such notice. 

Section 87. The laws regulating the election of and canvassing 
the votes for other county officers, shall apply to the election of 
county superintendents. A county superintendent may at any time 
vacate his office, by filing bis resignation with the clerk of the 
board of supervisors of his county. His removal from the county, 
or his acceptance of the office of county supervisor, shall vacate his 
office. 

Section 88. The county superintendent of schools shall, before 
entering upon the duties of his office, take and subscribe the oath 
of office prescribed by the constitution of this state, before some 
officer authorized to administer oaths, and shall deposit the same 
with the clerk of the board of supervisors. 

The oath of office may be taken at any time after the county 
superintendent is elected, and it must be taken before the close 
of the first day of January succeeding the election. It can- 
not be taken after that date, for the reason that section 86 pro- 
vides that the superintendent shall upon that day enter upon 
the discharge of the duties of his office. When the first day 
of January falls upon a Sunday, the safe course is to take and 
file the oath upon some day of the week preceding. 

If the person elected does not qualify so as to be ready to 
enter upon the discharge of the duties of his office upon the 



100 

first day of January, the previous incumbent will hold the 
office until a successor is elected and qualified. 

Section 89. The clerk of the board of supervisors, as soon as 
he has official or other notice of the existence of a vacancy in the 
office of the county superintendent, shall give notice thereof to the 
superintendent of public instruction, who shall appoint a county 
superintendent to fill such vacancy, and the person so appointed 
shall hold the office until the first day of January next occurring 
after such appointment is made. 

Section 90. The county superintendent of schools may be re- 
moved from office by the jadge of the eircuit court for the county 
where such county superintendent of schools may reside, upon 
petition or satisfactory proof of incompetency or willful neglect 
of duty : provided, that no such removal shall be valid unless 
the person so removed shall have had at least thirty days notice 
of the charges brought against him, and an opportunity to be heard 
in his own defense ; and that the said circuit judge shall, in case of 
removal, certify such removal to the clerk of the county board of 
supervisors. 

Section 91. Any person or persons petitioning for the removal 
from office of any county superintendent of schools, shall cause a 
certified copy of such petition, together with a full statement of all 
charges preferred against him, to be served upon such superintendent 
at least thirty days prior to the hea' ing before the judge of the circuit 
court. No county superintendent shall act as an agent for any au- 
thor, publisher cr bookseller, or receive any fee or reward for acting 
as such agentj and a violation of this provision by any county su- 
perintendent, shall subject him to removal from office. 

County superintendents are forbidden to act as agents of 
publishers or book-sellers. Discretion will suggest to these of- 
ficers the propriety of not making changes in text-books prom- 
inent acts in their administration ; and, while they can, prop- 
erly, endeavor to secure a uniformity in the books used in the 
same school, they can seldom make a general change in the 
text-books used in their county without subjecting themselves 
to charges, that, however ill-founded, may interfere with a 
successful discharge of their duties. 

It may well be doubted whether any of the text-books now 
used in our schools are so defective as to require their exclu- 
sion, and whether any are so superior to all others as to merit 
special effort for their introduction. District officers should be 
advised not to allow teachers to introduce text-books without 



101 

express permission. The district board should, in the exercise 
of its authority, prevent any unnecessary change, and should 
preserve uniformity. In order that the confidence and co-ope- 
ration of the people may be secured, due consideration must 
be given to the expense attending changes in books, and it 
must not be forgotten that uniformity in adjacent rural dis- 
tricts is by no means absolutely necessary to the prosperity of 
the schools. Attention is here called to the amendment of 
section 53, page 82. 

Section 92. Every county superintendent shall have power, and 
it shall be his duty : 

First. To examine 'and license teachers, and to annul certificates 
as hereinafter provided. 

Second. To visit and examine all the schools and school-districts 
within his jurisdiction as often in each year as shall be practicable; 
to inquire into all matters relating to the management, the course 
of study and mode of instruction, and the text-books and discipline 
of such schools, and the condition of the school-houses, sites, out« 
buildings and appendages, and of the district generally ; to advise 
with and counsel the district boards in relation to their duties, and 
particularly in relation to the construction, warming and ventilation 
of school-houses, and the improving and adorning of the school 
grounds connected therewith, and to recommend to school officers 
and teachers the proper studies, discipline and management of the 
schools. 

Third, To direct, after proper examination, the district board to 
make any alteration and repairs which shall in bis opinion be ueces- 
sary to the health, comfort or progress of the pupils, and to abate 
any nuisance in or upon the premises : providing, the same can be 
done at an expense not exceeding twenty-five dollars. 

Fourth. To make an order in concurrence with the chairman of 
the board of supervisors of the town in which any school-house is 
situated, which is unfit for school purposes, reciting the reasons, if 
they deem it unfit for further use, and not worth repairing, and to 
deliver the order to the clerk of the distiict in which such building 
is situated, and to transmit one copy of said order to the clerk of 
the town, and another to the superintendent of public instruction ; 
and such order shall take effect from and after the date mentioned 
therein, unless for cause shown within thirty days after said order 
is delivered to the district clerk, it shall be overruled by the super- 
intendent of public instruction ; and from the time the said order 
shall take effect, the district shall not be entitled to share in any 
appropriation of the income of the school-fund for any school kept 
in said building so declared unfit for school purposes. 

Fifth. To examine any charge affecting the moral character or 



102 

ability to teach of any teacher within his county or district, first 
giving such teacher reasonable notice of the charge, and an oppor- 
tunity to defend himself therefrom ; and if he finds the charge 
sustained, to annul his certificate, by whomsoever granted, and if 
the teacher so declared unfit to teach, holds a certificate from the 
superintendent of public instruction, or a diploma ot a state nor- 
mal school, then to notify the state superintendent of such annul- 
ment without delay. 

Sixth. To report annually to the board of supervisors of his 
county the condition and prospects of the schools under his super- 
vision ; to receive from the town, city* or village clerks abstracts of 
the reports of the several district clerks, and to transmit the same, 
as required by law, to the state superintendent, as also annually, 
before the first day of May, the name and postoffice address of each 
town clerk of his county or district, and to report from t>me to time 
such other facts relating to education as the state superintendent 
may require, or the laws may prescribe. 

Seventh. To organize and conduct at least one institute for the 
instruction of teachers in each year, and to advise in all questions 
arising under the operations of the school laws in his county or 
district. 

In the discharge of the duties imposed upon county super- 
intendents by this important section, these officers will find 
opportunity for doing inestimable good. To -properly per- 
form them will require the exercise of patience, prudence and 
firmness. 

1. The examination of teachers should be confined to as- 
certaining their qualifications in respect, first, to moral charac- 
ter; second, learning; third, ability to teach. 

A superintendent can inflict no greater wrong upon a com- 
munity than to license a man of immoral character as a teacher. 
When the superintendent is not acquainted with the applicant, 
testimonials as to his moral character should be required, 
which should be explicit, and from persons of unquestionable 
integrity who are intimately acquainted with said applicant 
Persons of questionable morals and bad manners should never 
be permitted to engage in the business of teaching. The ex- 
ample of the teacher influences the character of his scholars, 
hence it should always be such as to inspire confidence. While- 
no religious test can be required, a person who is habitually 

*See chapter 128, general laws of 1870, on a eub&equent page. 



103 

profane, or sectarian in spirit, or uncharitable towards those of 
a faith different from his own, or indiscreet in the utterance of 
his religious or political views, -ought not to be permitted to 
enter a public school as a teacher. Neither should a person 
receive a certificate of good moral character who is not truthful, 
temperate, orderly, honest and prudent. A teacher should be 
courteous, simple in his tastes, kind and considerate towards 
the unfortunate, just in his dealings, patriotic, public spirited, 
and pure minded. 

As to the learning of applicants the law specifically sets 
forth the branches in which they must be examined, and the 
different certificates county superintendents are authorized to 
grant. The method of examination required is by written 
and oral questions. Questions to be answered by writing 
sliould be prepared with great care. They should be definite, 
involving principles rather than facts, and sufficient in number 
to test the knowledge of the teacher. The questions are gen- 
erally printed on slips of paper, the superk tendent exercising 
due care to prevent candidates for certificates from knowing be- 
forehand what they are. All necessary preparation should be 
made, such as providing a room where teachers can write; remov- 
ing all temptation to aid or seek aid ; obtaining paper, ink, pens, 
etc.; seeing that the blackboard is in good order and that lub- 
bers and crayons are at hand, and that the room is warmed, 
lighted and ventilated. The time appointed for meeting 
should be such as will enable all who design to attend to be 
present, and no allowance should be made for a failure conse- 
quent upon tardiness or unnecessary absence. The time al- 
lotted for each set of questions should be stated on the paper 
containing the printed questions, and such rules should be es- 
tablished as will preclude communication or interuption dur- 
ing the time of examination. As a rule the examiner should 
not know the name of the person whose papers he examines. 
By numbering the candidates and requiring them to use the 
numbers instead of their names in signing their papers, there 



104 

will be no suspicion of partiality. The name and correspond- 
ing number of each, candidate should be writen on a card. 
The cards should be collected and carefully laid aside until the 
results of the written examiuation are determined j: and the 
owner of each paper may be known by finding the name on 
the card corresponding with the number on the paper. 

All papers should be preserved by the superintendent, and 
so arranged that reference may readily be made to them. In 
case of complaint, any errors that may have been committed 
may thus be corrected. 

In " marking/' or determining the standing of candidates, ten 
should be taken as the maximum. The writing, punctuation? 
and spelling should be correct. No attainments in science can 
be taken as an equivalent for deficiencies in the "common 
branches." 

In conducting the examination orally such notes should be 
made by the examiner as will enable him to avoid errors of 
judgment. Pronunciation, choice of words, facility of illus- 
tration, ability to use the crayon at the blackboard, power of 
expression, use of the voice, self possession, manners, and, in 
general, scholarly culture, are the things to be observed in the 
oral examination. If a person does not possess these in some 
tolerable degree, he can not teach and ought not to be licensed. 
If convenient, a class of pupils may be present at the place 
of examination, and candidates for certificates may be required 
to conduct class exercises in presence of the examiner. This 
will afford a good opportunity for the person examined to show 
his methods of teaching. One who fails to stand this test can 
seldom be trusted with a school. 

In many cases too little time is given to the examination. 
No person can properly examine twenty or thirty teachers in a 
single day. At least ten hours diligently employed are neces- 
sary to enable the examiner to pass upon the qualifications of 
twenty teachers seeking the lowest grade of certificate. In 
case the candidates are well known to the county superintend- 



105 

ent, as persons who have successfully taught school, less time 
is required. 

A record of all examinations should be kept. The names 
of applicants with their ages and residence, and the grades of 
those licensed, should be carefully and accurately recorded. 
The dates of examinations and of certificates, ought to be pre- 
served as a portion of the permanent records of the office, and 
all papers relating directly or indirectly, to examinations, 
should be preserved, arranged and filed for future reference. 

The superintendent should invite persons of suitable quali- 
fications to aid him in the oral examination, and thus excite 
an interest in the town where the examination is held. 

" Ability to teach " involves more than mere learning. One 
who does not speak the English language with fluency, cor- 
rectness and good taste, cannot teach the branches required 
"in the English language " as the law provides. It also in- 
volves knowledge of the usages of society, and of the rights 
of parents and children ; also, of the laws relating to public 
schools, property, reputation and life. To teach requires cour- 
age, fortitude, forbearance, discretion and patience ; hence, 
granting certificates to boys and girls, is a violation of the spirit 
of the law, and shows a want of common sense. Too many 
of our public schools are in charge of those who lack all the 
important qualities constituting a true teacher, and whose 
qualifications are limited to ability to spell, read, write, parse 
and cipher. 

Certificates of a higher grade should never be granted to 
those who have not had an opportunity of testing their ability 
to teach, but the superintendent should lose no time in recog- 
nizing this qualification where it is found to exist. 

The power conferred by law upon county superintend- 
ents, to annul certificate?, should be exercised with discre- 
tion and firmness'. 

Deficiency in learning and ability to teach, or immoral char- 
acter, constitutes a ground for annulment. If a teacher's de- 
ficiency relates to learning, and it is within the knowledge of 



106 

the superintendent, lie should re-examine him ; and if it relates 
to bad morals, he should investigate the matter, giving the 
teacher proper notice, and if he fails to exculpate himself his 
certificate may be annulled. In case of complaint made" to the 
superintendent by others, the teacher should receive notice of 
the time and place at which he will be examined, and at which 
proof will be heard on behalf of both complainant and 
teacher. 

"When the complaint relates to the moral character of the 
teacher, full opportunity must be given him for his defense. 
He should be made acquainted with the precise charges affect- 
ing his character, and ample time should be allowed him to 
prepare proofs and to bring witnesses to explain or disprove 
the charges. 

The superintendent should not subject the teacher to a pub- 
lic accusation, unless some person shall make complaint to him 
and sustain it by his own oath, or that of witnesses whom he 
produces. All testimony should be reduced to writing. It is 
for the complainant to produce the evidence of the charges he 
prefers. The accused is entitled to the privilege of cross-ex- 
amining witnesses, and is not bound to offer any testimony 
until something is proved against him. 

As an appeal may be taken from the action of the county 
superintendent to the superintendent of public instruction, the 
former should take full minutes of the testimony, as it is 
given, as nearly as possible in the language of the witnesses. 

2. The duty of visiting schools is among the most important 
of those required of the county superintendent. School visi- 
tation depends for its efficiency upon the manner in which it is 
performed. A stated, formal visit, does no good, and some- 
times does harm. A short call, without an opportunity to learn 
anything cf the real condition of the school, is useless. 

The visits should be quite unceremonious, unexpected by 
teachers and pupils, and the superintendent should, besides 
observing the routine of the school-room, inform himself in 



107 

regard to the progress and attainments of the pupils. He should 
examine classes in spelling, reading and writing, in preference 
to those in algebra, French and rhetoric, and should show both 
teacher and scholars that he attaches' more importance to those 
branches that constitute the foundation of education, than to 
those, a superficial knowledge of which may be obtained by 
very poor scholars. The teacher's method of classification 
should be examined. It sometimes happens that scholars are 
hastily assigned to the wrong class, and there allowed to 
remain for months, on account of the indifference or ignorance 
of the teacher. If classes can be consolidated with advantage 
it should be done, and the superintendent should feel that he, 
as well as the teachers, is responsible for the progress of every 
school in his county. 

The school register should be examined, and if not kept as 
required by law, such instruction should be given and such, 
measures taken as will lead the teacher to keep it in proper 
form. The condition of the school library, apparatus, maps, 
etc., should be ascertained and noted. The desk, blackboards, 
furniture, stove, windows, doors, woodshed, fence, outhouse, 
etc., should be inspected, and a report of the condition of the 
school, school-house and surroundings, should bd made to the 
district board in writing. Such suggestions as are required 
may also be made. The district officers should be reminded 
of the annual district report, and the necessity of accuracy and 
promptness in making it should be enjoined upon them. The 
manner in which the district records and accounts are kept, 
should be made a subject of investigation, and if necessary, of 
advice. Attention should be given to the certificate of the 
teacher, and, if public money is paid to teachers not qualified, 
the consequences of such disregard of law, should be pointed 
out and measures taken to prevent it. No person has a right 
to teach, in a public school who does not hold the certificate of 
qualification required ; no officer has a right to pay a dollar 
upon an order in favor of such unqualified teacher ; the clerk 
and director who draw the order are misappropriating public 



108 

money ; and the duty of the county superintendent is to pre- 
vent this unlawful practice. 

The superintendent should seek to remove difficulties grow- 
ing out of changes in district boundaries, family animosities, 
or dissatisfaction with the action of school officers. He should 
invite the people of the district he is visiting, to meet him at 
the school-house, and should then address them upon the edu- 
cational interests of their district. The address should be 
plain, pointed and pertinent. No adulation or flattery should 
be indulged in. The results of observation and examination 
should be given with such plainness as discretion and good 
taste will warrant. An effort should be made to instruct and 
improve rather than please. The people always respect an 
earnest, truthful man, but they are merciless towards a timid, 
hypocritical one. 

If practicable, a report of the condition of each school 
should be made in writing to the district board. Their atten- 
tion should be particularly called to those things that are nec- 
essary for the comfort, health and progress of the children. 
The school register will furnish, if properly kept, facts that 
may be made the basis of calculations in regard to attendance, 
absence, irregularity, etc., that will be both interesting and in- 
structive. It is also well to address a communication to the 
teacher, commending what deserves approval and calling spe- 
cial attention to those things that need correction. 

INSTITUTES. 

It is made the duty of the superintendent to hold institutes, 
and at least one should be held each year. Such preparation 
should be made as will secure a prompt and general attend- 
ance. A suitable room, well ventilated, properly warmed, and 
furnished with desks, blackboard, &c, is indispensable. By 
proper effort the co-operation of the people in the vicinity of 
the place where the institute is held, may be secured. Care 
should be taken not to tax the hospitality of the people for 
the benefit of those not engaged in teaching. In some instan- 



109 

ces, persons not interested in the objects of an institute, attend 
it, for the purpose of enjoying, free of expense, the novelty of 
a visit to the town in which it is held. 

The notice for the institute should suggest to teachers the 
necessity of bringing with them paper, pencils, note books and 
such school books as may be required. 

Arrangements should be made for addresses, and if the 
superintendent deems it advisable, some prominent teacher 
may be secured to conduct the institute exercises. For a few 
years past the board of normal regents has granted aid to in- 
stitutes out of the income of the normal school fund. If 
preferred an agent is furnished to conduct the institute. The 
law regulating this matter will be found on a subsequent page. 

The programme should, if practicable, be published with 
the notice, and should be strictly adhered to during the time 
the institute is held. A portion of each session should be de- 
voted to discussion, and the superintendent should be prepared 
to answer such questions in regard to the school law, and school 
matters generally as the teachers may wish to ask. Punctuali- 
ty, regularity and good order should be maintained, and an 
effort should be made to render the institute a model school 
in its methods of recitation, instruction and general arrange- 
ment and management. 

The county superintendent should preside, a secretary and 
business committee should be appointed, and in all respects 
the institute should be a well ordered and business like body, 
diligently doing its appointed work. No time should be frit- 
tered away in excursions, pic-nics or parties. 

i 

EXAMINATION OF TEACHERS. 

Section 93. It shall be the duty of the county superintendent 
of scbools, iu each county, to divide his county into inspection dis- 
tricts, to be bounded by town lines, and not to contain more than 
four towns each ; and to hold, in and for each such inspection dis- 
trict, at least two meetings in each year, for the examination and 
licensing of teachers, of which meetings at least thirty days written 
notice shall be given to each school-district clerk in the inspection 
district for which the meeting is to be held, and by him posted in 



110 

some conspicuous place in his district. Such notice shall contain 
the names of the towns embraced in the inspection district, and the 
time, place and objects of the proposed meeting. The examinations 
of teachers thus held shall be public, and shall be conducted by 
■written and oral questions and answers. They shall be uniform for 
the county in which they arc held, and no certificate of qualification 
shall be given except in accordance with the provisions of law re- 
specting teachers' certificates 

Section 94. Whenever, on account of sickness, absence from 
the county, or any other cause, any person desiring a certificate of 
qualifications as a teacher, shall be unable to attend the examina- 
tion as aforesaid, such person may be examined at any time, by the 
superintendent, without giving the notice required by the preceding 
section, and upon such examination, if found qualified, shall receive 
a certificate, which shall remain in force until the next regular meet- 
ing for examination of teachers in the inspection district in which 
such teacher is engaged in teaching : provided, that the county 
superintendent, before examining and licensing such applicant, mav 
require of him or her, satisfactory proof that the absence of such 
applicant from the last regular meeting for examination of teachers, 
in the inspection district in which he or she resided, was necessary 
and unavoidable upon the part of said applicant. 

The county superintendent should always satisfy himself 
that the absence of an applicant from the public examination 
was necessary, and unavoidable. Although the certificates 
granted at special examinations are of short duration, yet the 
candidate should not be less thoroughly examined than if pres- 
ent at a public examination. Further remarks upon examina- 
tions will be found under section 92. 

SALARY OF THE COUNTY SUPERINTENDENT. 

Section 95.* The compensation of the county superintendent 
of schools shall be fixed by the county board of supervisors, and 
shall be paid quarterly in cash by the county treasurer ; and the 
supervisors may decide whether said compensation shall be an annu- 
al salary or & per diem, to be estimated and prescribed by said su- 
pervisors as follows : In counties and districts containing more than 
five thousand and less than ten thousand inhabitants, if the com- 
pensation be an annual salary, it shall not be less than five hundred 
dollars nor more than eight hundred dollars; and in counties and 
districts containing more than ten thousand inhabitants, it shall not 
be more than fifteen hundred dollars nor less than eight hundred 
dollars. If the supervisors of any county shall decide that the 
compensation of the superintendent shall be a per diem, they shall 

* Amended by chapter 177, of general laws of 1869. 



Ill 

fix the same at not less than three dollars nor more than five dol- 
lars ; and they may limit the number of days service to be rendered 
by the superintendent so that the whole sum to be paid him in any one 
year, in a county containing more than five thousand and less than 
ten thousand inhabitants, shall not exceed eight hundred dollars nor 
be less than five hundred dollars, and in a, county containing more than 
ten thousand inhabitants, shall not exceed fifteen hundred dollars 
nor be less than eight hundred dollars : provided, that each super- 
intendent serving for a per diem, shall present to the clerk of the 
board of supervisors, quarterly, before receiving the compensation 
due him, a sworn statement showing the number of days actually 
and necessarily spent by him in the discharge of his duties during 
the preceding quarter ; and no compensation shall be allowed him 
for any other than the days thus specified. The board of supervi- 
sors shall allow for stationery, postage and printing, such amount 
as the county superintendent shall certify to be actually necessary, 
not exceeding one hundred dollars in counties and districts contain- 
taining less than five thousand inhabitants, and two hundred dollars 
in counties and districts containing more than five thousand. 

Section 96.* Every incorporated city having a board of ed- 
ucation, a superintendent of schools, or other board or officer with 
power to examine and license teachers, and supervise and manage 
the schools, stall be exempt from the provisions of this act relating 
to county superintendents of schools, except in the matter of mak- 
ing reports to the superintendent of the district in which such city 
is situated. The electors of such city shall have no voice in elect- 
ing a county superintendent, nor shall the members of the county 
board of supervisors from said city have any voice in determining or 
providing fcr the compensation of such county superintendent, or 
in any other matter relating to such officer ; nor shall any tax be 
levied on said city to pay the salary or per diem of such superin- 
tendent, nor shall the population of such city be enumerated or count- 
ed with the other inhabitants of the county by the board of super- 
visors in estimating or determining the compensation of such super- 
intendent. 

It will be seen by chapter 128 of the general laws of 1870, 
printed on a subsequent page, that cities will hereafter make 
their reports, through the proper officer, directly to the state 
superintendent. 

Section 97. The board of supervisors of each county shall, 
when they levy the county school tax for each year, add thereto and 
apportion among the towns, cities and villages in such county, an 
amount sufficient to pay the compensation of the county superintend- 
ent of schools in and for such county, and all necessary expenses of 
printing for the use of schools in such county for that year, which 

* Amended by chapter 177 of general laws of 1369> 



112 

amount shall be levied and collected in cash as a part of the county 
school tax for such county, and shall be paid over to the county 
treasurer of such county, with the county tax, by the several town, 
city and village treasurers : provided, that no part of said amount 
shall be apportioned to or levied upon any incorporated city whose 
beard of education shall have elected as provided for in the last pre- 
ceding section. 

The tax levied to pay the salary of the county superintend- 
ent, and all necessary expenses for printing, etc., must be as- 
sessed in addition to the tax levied annually for school pur- 
poses, and must be collected with it. This tax cannot be made 
a part of that required by chapter 40 of the general laws of 
1866, but after the latter has been levied, the amount necessa- 
ry for all the expenses growing out of the county superintend- 
ency, must be levied and apportioned among the several towns 
under the jurisdiction of the county superintendent. 

Section 98. The county superintendent shall, on or before the 
tenth day of October, in each year, make and transmit to the state 
superintendent, a report in writing, setting forth the whole number 
of towns in his county, distinguishing those from which the requir- 
ed reports have been made to him by the town clerks, and contain- 
ing an abstract of their repoTts, and he shall file a copy of such re- 
port in the office of the clerk of the county board of supervisors. 

All necessary instructions accompany the blanks annually 
furnished to county superintendents from the office of the su- 
perintendent of public instruction. The greatest care should 
be exercised in making the annual report required by section 
98, for it is upon it that the annual apportionment is made. 

Section 99.* He shall also within the time mentioned in the 
preceding section make and deliver to the county treasurer a written 
statement of the whole number of children in each town in the 
county over the age of four and under the age of twenty years, re- 
turned from districts which have maintained school for five or more 
months during the past year, as appears from the town clerk's re- 
port, f 

This statement is needed by the county treasurer, in order 
that he may test the correctness of the apportionment of the 
income of the school fund, made through, him to the several 

* Amended by chapter 156 of tne general laws of 1368. 
tSeeFormNo. 52. 



113 

towns of the county, and is to be filed with him on or before 
the 10th day of October in each year. 

This statement must clearly show the number of children 
over four and under twenty years of age, residing in the re- 
spective towns in districts that have maintained school at 
least five months during the next preceding year. 

teachers' certificates. 

Section 100. Every applicant for a situation as a teacher in 
any of the common schools of this state, shall be examined by the 
county superintendent of schools of his county, in regard to moral 
character, learning and ability to teach, and if found qualified, shall 
receive a certificate as hereinafter provided. 

Section 101. There are hereby establi&hed three grades of 
teachers' certificates, to be known as certificates of the first, second 
and third grade, respectively, as the case may be. Each certificate 
shall show the branches of study in which the holder has been exam- 
ined, also the relative attainment of the applicant in each. 

Section 102. Every applicant for a certificate of the third 
grade, shall be examined in pronunciation, orthography, reading, 
penmanship, intellectual and written arithmetic, English grammar, 
geography, history of the United States, and the theory and art of 
teaching, and if found qualified, shall receive a certificate which 
shall qualify the holder to teach in any town in the county in 
which he is examined : provided, that the county superintendent 
may limit such certificate to any town in the county, and may also 
issue limited third grade certificates for a less period than one year, 
and for a particular district, whenever by examination he is satis- 
fied that the applicant is not qualified to teach in every district of 
the town for which he is licensed ; and provided further, that no 
person shall. receive a certificate of any grade who does not write 
and speak the English language with facility and correctness. 

Candidates for the third grade certificates should be required 
to spell correctly the words of any ordinary sentence, dictated 
by the examiner, to pronounce with facility and correct- 
ness common words, and to read distinctly and intelligibly any 
passage from an ordinary reading book ; to work readily the 
less difficult questions in common arithmetic ; to parse any 
sentence of good prose ; to have a knowledge of the elements 
of geography and history ; to write a plain hand, and to ex- 
hibit good taste in the arrangement of words a d paragraphs. 
The third grade certificates were intended for temporary licen- 
8 — Sch. Code. 



114 

ses r to be granted to persons of limited attainments and little 
experience ; but the result proves that too many teachers and of- 
ficers are content with this grade. Earnest efforts are needed 
on the part of the superintendents to bring about a better state 
of things, and to induce more teachers to seek certificates of a 
higher grade. District officers can greatly contribute to this 
Jesuit by seeking the best teachers, and they will find it the best 
economy in the end, although the wages paid to such teachers 
may be higher. 

Limited third grade certificates should be granted only when 
necessity requires. 

Section 103. Every applicant for a certificate of the second 
grade, shall be examined in all the branches required for a certifi- 
cate of the third grade, and in addition thereto, in grammatical 
analysis, physiclogy, physical geography, elementary algebra and Uni- 
ted States history, and if found qualified, shall receive a certificate 
which shall entitle the holder to teach in any town in the county in 
which he is examined, and which shall be in foree for one year from 
the date thereof. 

Applicants for a second grade certificate should understand 
the rules of pronunciation and elocution, and be able to read 
with intelligence and expression ; they should write a plain 
bold hand, and be able to teach some good system of penman- 
ship ; they should thoroughly understand commercial arith- 
metic, and be able to teach book-keeping by single entry ; they 
should write grammatically and compose with ■ facility, and 
should have, in addition to a thorough knowledge of the 
branches required for a third grade certificate, a good knowledge 
of the additional branches required for the second grade. 

Skction 104. Every applicant for a certificate of tb-o first grade, 
shall be examined in all the branches in which applicants for certifi- 
cates of the second and third grades are examined, and in addition 
thereto, in higher algebra, natural philosophy and geometry, and if 
found qualified, shall receive a certificate which shall entitle the 
holder to teach in any town in the county in which he is examined, 
and which shall be in force for two years from the date thereof. 

Certificates of the first grade should be granted only to those 
who have had experience in the profession, and who have 



115 

been eminently successful in the government of schools. 
Every qualification heretofore indicated as necessary or valua- 
ble to a teacher should be possessed by those who receive from 
the county superintendent the highest testimonial provided by 
law. 

Superintendents must, however, rely upon their own judg- 
ment, rather than upon rules and regulations respecting the 
examination of candidates, for most will come far short of any 
ideal that may be formed of the true teacher. 

Section 105.. Bach county superintendent of schools may de- 
mand an examination in such additional branches as the applicant 
may be required to teach, and whenever he shall deem it necessary, 
may require are-examination of any teaeher in his county for the 
purpose of ascertaining his qualifications to continue as such 
teacher. 

Section 106. The county superintendent of each county shall, 
under the advice and direction of the state superintendent, estab- 
lish for his county the standard of attainments in each branch of 
study which must be reached by each applicant before receiving a 
certificate of either grade, and the standard so established shall be 
uniform for the county. 

Section 107. No school-district clerk shall have power to con- 
tract with a teacher unless such teacher shall have a certificate of 
qualification in force at ^he time of making such contract ; and 
when a district is composed of parts of two or more counties, the 
clerk of said district shall not have power to contract with a teach- 
er unless such teacher shall have a certificate of qualifications signed 
by the superintendent of the couuty in which the school-house is 
situated, and in force at the time of making such contract. 

Section 108. The county superintendent may annul any cer- 
tificate given by him or his predecessor in office, when he shall think 
proper, giving at least ten days previous notice in writing to the 
teacher holding it, and fco the district board of the district in which 
he may be employed, of his intention to annul the same.* 

Section 109. The annulling of a certificate shall not disqualify 
the teacher to whom it is given, until a notice thereof containing 
the name of the teacher, the time when the certificate was annulled, 
and the reasons for such annulment, shall be filed by the county 
superintendent in the office of the town clerk of the town in which 
such teacher is engaged in teaching. 

Section 110. Any person refused a certificate as a teacher by 
the county superintendent, may apply to the state superintended 
for a re-examination ; and if upon such re-examination the state 
superintendent shall be satisfied that the applicant is legally quali- 

* See Forms Nos. 53 and 54. 



116 

fied, he shall issue a certificate which shall have the same force, and 
entitle the holder to the same privileges, as if he held a certificate 
from the county superintendent: provided, that any county super- 
intendent refusing a certificate to an applicant, upon demand, shall 
give such applicant a written statement of the reasens why he, the 
said superintendent, refuses to issue such certificate ; which state- 
ment shall in all cases be presented to the state superintendent by 
the persun requiring a re-examination. 

An appeal from the action of a county superintendent in 
refusing to grant a certificate, must be conducted according 
to the rules and regulations of the department governing 
appeals. As the county superintendent fixes the standard of 
attainments under the advice of the superintendent of public 
instruction, no appeal need be taken under the impression that 
the standard will be lowered. The forms and rules to be 
observed by a teacher in taking an appeal will be found under 
section 122. 

STATE TEACHERS' CERTIFICATES. 

The law authorizing the state superintendent to " issue 
state certificates of' high grade to teachers of eminent qualifi- 
cations" (chapter 169, general laws -of 1868), is as follows : 

Section 1. The state superintendent of public instruction is 
hereby authorized to grant state certificates to teachers, in the man- 
ner hereinafter provided. 

Section 2. The state superintendent shall, before each exami- 
nation held under the provisions of this act, appoint three com- 
petent persons, residents of this state, who shall constitute a board 
of examiners and who shall, under rules and regulations, to be pre- 
scribed by the said superintendent, thoroughly examine all persons 
desirijg state certificates in the branches of study in which appli- 
cants are now required to be examined by county superintendents 
for a first grade certificate, and in such other branches as the state 
superintendent and said examiners may prescribe. 

Section 3. If the examiners shall be satisfied that an applicant 
possesses the requisite scholarship in all the branches of the studies 
before mentioned, they shall ctrtify the fact to the state superin- 
tendent and if such applicant shall furnish evidence of good moral 
character, experience and success in teaching, satisfactory to said 
superintendent, he shall thereupon issue to such applicant a certifi- 
cate which shall be valid until revoked, and which shall qualify the 
holder to teach in any public school in any city, town or school- 



117 

district of this state, without any further examination by a city or 
county superintendent, or any other person or board whatsoever. 

Section 4. Said certificate may be revoked by the state super- 
intendent for incompetency or immoral conduct : provided, that 
before any such revocation, the holder shall be served with a writ- 
ten statement of the charges against him, and shall have an oppor- 
tunity for defense. 

Section 5. A meeting for the examination of applicants for 
state certificates shall be held at the capitol in the city of Madison, 
on the second Wednesday of August in each year ; and additional 
meetings may be held at such times and places as the state super- 
intendent shall prescribe. 

Section 6. All moneys actually and necessarily expended by 
each member of the board of examiners in attending meetings for 
the examination of teachers, shall be refunded to hi a, and be shall 
also receive three dollars per day for all time actually and necessa- 
rily spent in holding such meetings, or in going to or returning 
from the same. Accounts for such services and expenses shall be 
audited by the secretary of state ; and there is hereby appropriated 
out of any money in the state treasury, not otherwise appropriated, 
a sum sufficient to pay the amounts thus audited. 

Section 7. The state superintendent shall record in a book kept 
for that purpose the date of each certificate issued, and the name, age 
and residence of the person to whom : it was granted, and he shall 
file in his office for permanent preservation all papers relating to 
the examination of applicants for state certificates. 

Applicants for a state certificate are required to comply with, 
the following terms and conditions : 

1. To furnish .satisfactory evidence of good moral char- 
acter. 

2. To furnish satisfactory evidence of having taught, with 
success, not less than three years, at least one of which shall 
have been in this state. 

3. To pass a thorough examination in orthography, reading) 
penmanship, mental and written arithmetic, English gram- 
mar, modern geography in all its departments, history of the 
United States, algebra, natural philosophy, geometry, and 
theory, and practice of teaching. 

4. To pass a satisfactory examination in the elementary 
principals of physiology, botany, zoology, chemistry, geo- 
logy, political economy and mental philosophy. 



118 

5. To pass a satisfactory examination in the constitution and 
organization of the government of the United States and of 
the state of Wisconsin, and. in the school laws of this state, 
so far as they relate to the rights and duties of teachers. 

When an applicant is personally known to the state super- 
intendent, or to either member of the board of examiners, as 
having a good moral character, no specific testimony will be re- 
quired ; but when not thus known, written testimonials from 
one or more responsible persons acquainted with the applicant 
must be presented. 

In respect to the length of time that an applicant has taught, 
his own declaration giving the time, place and kind of school, 
will be sufficient. 

The proof of success in teaching must be clear and explicit. 
Written testimonials from employers, or other responsible and 
competent persons, will be required. 

The examination will be conducted by both oral and printed 
questions, in such a manner that exact justice will be done to 
each applicant. 

The necessary stationery, &c, will be furnished by the state 
superintendent, and no fee will be charged for certificates. . 

A state certificate entitles the holder to teach in any public 
school in the state, and will be valid during life, unless revoked 
for incompetency or immorality. 

It is the object of the law to recognize and honor those ex- 
perienced and successful teachers who have given character to 
their profession, and to furnish to young teachers a proper in- 
centive to honorable exertion. 

It is hoped that through the hearty co-operation of all per- 
sons interested in the subject, the objects of the law may be fully 
realized, and that the standard of teachers' qualifications may 
be essentially raised, and more clearly defined. 

SCHOOL-DISTRICT LIBRARIES. 

Section 111. Every school-district library and the appurtenan- 
ces thereunto belonging, shall be deemed to be vested in the dis- 



119 

triet board of the district, so as to enable them to maintain any 
action for the same, or for the value thereof, or for the recovery of 
any fine or penalty for damage done to any book or books, or neg- 
lecting to return or loss of the same; and all such fines and penal- 
ties incurred in consequence of a violation of any regulation law- 
fully established in respect to district libraries, shall be sued for 
and collected in the name of such district board, and when so col- 
lected shall be applied for the benefit of such district library. 

Section 112. The legal voters in any two or more adjoining 
districts may, in such cases as may be approved by the town super- 
visors, unite their libraries, and also their library moneys, as they 
shall be collected or received, and purchase a joint library for such 
districts, which shall be selected by the district boards thereof, or 
by such persous as they shall designate, and shall be under charge 
of a librarian to be appointed by the district boards of such dis- 
tricts ; and the provisions of this chapter shall be applicable to euch 
joint libraries, except that the property in them and their appurte- 
nances shall for the time being be deemed vested in all the district 
boards so united ; and in case any such district shalfdesire to divide 
such library, such division shall be made by the directors of the 
districts whose libraries are so united, and in case they cannot 
agree, then such division shall be made by the town supervisors. 

Section 113. The clerk of the district, or such other person as 
the taxable inhabitants may at any legal meeting appoint by a 
majority of votes, shall be the librarian of the district, and shall 
inave the care and custody of the district library. 

The following regulations for the management of school 
district libraries are prescribed by the superintendent of public 
instruction under the authorit}^ of section 64 cf chapter 10 of 
the revised statutes : 

1. The district librarian shall have charge of the library, 
and keep a catalogue of all the books in the library under 
his care, in a book to be provided by the district for that pur- 
pose. 

2. Every volume in a library shall have pasted on the 
inside of the cover a printed paper, specifying the name of 
the district; the number of the volume; the fine for not 
returning it within the specified time, and for loss of or 
injury to any book. Blanks for this purpose will be furnished 
to the districts upon application to this department. 

3. Every volume loaned shall be entered by the librarian 
in a book, to be provided by the district for that purpose, by 



120 



its number, with the day on which it was loaned ; the name 
of the borrower, and the name of the person to whom it is 
charged (see Eegalation 5) ; the date when returned, and con- 
dition of the book; the fine assessed for detention or injury 
done to the book, in the following form : 



Time of 
delivery. 



1870. 
June 10. 



No. of 
book. 



To whom 
delivered. 



Jno. Ward, 



To whom 
charged. 



W.Green. 



When 
returned. 



June 24. 



Condition 
of book. 



Good. 



Fine for 
detention. 



Fine for 
injury. 



4. No perse n shall be allowed to have more than one vol- 
ume at a time, or to retain the same longer than two weeks ; 
nor shall any person, who has incurred a fine imposed by these 
regulations, receive a book while such fine remains unpaid. 

5. Books may be loaned to minors and charged to their 
parents, guardians, or the persons with whom they reside, who 
shall be responsible for the books under these regulations. 

6. On the election of a librarian, his predecessor shall, 
within ten days thereafter, deliver to him all the printed and 
manuscript books, pamphlets, papers, cases, and all other prop- 
erty belonging to the library which was in his custody, for 
which the librarian shall give him a full receipt, discharging 
him from all responsibility therefor, except in the case herein 
provided ; and on receiving the library property, the librarian 
shall carefully examine all books, etc., and if any loss or injury 
shall have been sustained, for which a fine has' not been im- 
posed by his predecessor, or for which a fine has been imposed 
and not certified by him to the tieasurer, the librarian shall 
certify the amount thereof to the treasurer, who shall collect 
the same of such predecessor in the same manner as other fines 
are collected. 

7. In case of a vacancy in the office of librarian, the dis- 
trict clerk shall perform the duties of librarian, until the 
vacancy is filled. 

8. If any person, having held the office of librarian, shall 
neglect or refuse to deliver to his successor all the library 



121 

property, as prescribed in the sixth regulation, the director 
shall forthwith commence an action in the name of the district 
board for the recovery of the property he shall so neglect or 
refuse to deliver. 

9. On the return of every book to the library, the librarian 
shall 'examine it carefully, to ascertain what injury, if any, has 
been sustained by it, and shall charge the amount of fine 
accordingly ; and in every case of injury not specified in these 
regulations, he shall assess the amount of damages to be paid, 
subject to revision by the district board. 

10. The following fines are established by the state super- 
intendent, viz. : 

1st. For detaining a book beyond two week?, five cents per 
week. 

2d. For the loss of a volume, the cost of the book ; and if 
one of a set, an amount sufficient to replace it, or to purchase 
a new set. 

3d. For a leaf of the' text torn out and lost, or so soiled as to 
render it illegible, the cost of the book. 

4th. For any other injury beyond ordinary wear, an 
amount proportionate to the injury, to be estimated by the li- 
brarian. 

5th. Whenever any book shall not be returned within six 
weeks from the time it was loaned, it shall be deemed to be 
lost, and the person so detaining it shall be charged with its 
cost in addition to the weekly fine for detaining the book, up 
to the time such charge is made. But if the book is finally 
returned the charge for loss shall be remitted ; and the fine 
for not returning the same be levied up to the time of such re- 
turn : provided, that in no case shall the amount of weekly 
fines exceed double the cost of the book. 

11. On the third Monday of August, November, February 
and May, and also immediately before he vacates his office, 
the librarian shall report to the district treasurer the name of 
every person liable for fines, and the amount each such person 
is liable to pay ; and the treasurer shall give the librarian a 



122 

certificate of the same, and immediately proceed to collect the 
same, and if not paid, shall so certify to the director, who 
shall forthwith bring an action in the name of the district 
board for the recovery thereof. 

12. All library fines shall be paid to the district treasurer, 
who shall keep account of the same, and shall report the*reon 
to the annual district meeting, giving the name of each indi- 
vidual fined, the amount of the fine, and the sum total of all 
fines, which report shall be recorded by the clerk ; and the 
district treasurer shall be responsible for all fines uncollected 
through his neglect. 

13. On the first day of September in .each year, the libra- 
rian shall report to the district clerk as follows : 

1st. The number of volumes in the library ; 
2d. The number of volumes purchased during the year ; 
3d. The number of volumes presented during the year ; 
4th. The number of volumes loaned during the year [count- 
ing each volume once for each time it is loaned ;] 
5th. Amount of fines collected ; 
6th. Amount of fines expended ; 
7th. Amount of fines remaining unexpended. 

14. The library fines collected must first be applied to the 
replacing of lost volumes, binding pamphlets, and rebinding 
such books as may require it. 

15. In case of joint libraries^ the reports required above 
shall be made to the officers of the district in wh ch the library 
is located. 

TOWN LIBRARIES. 

In this connection is given the law which provides for the 
establishment of town libraries. The act is chapter 174 of 
the general laws of 1868 : 

Section 1. Any town within this state is hereby empowered to 
establish a town library, for the use of the (said') people of said 
town. The vote for said purpose shall be taken by ballot, and a 
majority of all the votes cast shall be requisite to the establishing 



123 

of said town library. The affirmative ballots sball read " for town 
library," and the negative ballots shall read " against town library." 

Section 2. Such town, at its annual meeting is hereby empow- 
ered to elect, in each year, a librarian, who may hold his office for 
one year, or until his successor is elected or appointed and qualified- 
Whenever a vacancy in said office shall occur from any cause, the 
town board of supervisors are hereby empowered to fill such vacancy 
by appointment. 

Section 3. Such town is hereby empowered to make all by-laws, 
rules and regulations pertaining to such town library. In case 
the town does not make by-laws, rules and regulations, as aforesaid, 
it shall be the duty of the librarian, under the advice of the town 
board of supervisors, to do the same. 

Section 4. Any school-district may donate or sell any book or 
books belonging to the said district library, to the town in which it 
is situated, to form a part of the town library. 

Section 5, For the purpose of purchasing books, furnishing a 
place to keep them and paying the librarian for his services, the 
town may r?>ise a sum of money, not to exceed one hundred and 
fifty dollars in any one year, such sum to be expended under the 
direction of the town board of supervisors. 

Section 6. For the performance of the duties of his office, the 
librarian laay be required to execute a bond, to be approved by the 
town board of supervisors, in such sum as they may deem necessary. 

BORROWING MONEY TO BUILD SCHOOL-HOUSES. 

Section 114. Whenever any school-district within the state shall 
desire to make a loan of money to aid in the erection of a school-house 
or houses, the question of a loan shall first bo submitted to the legal 
voters authorized to vote at an annual school meeting, the vote to be 
taken by ballot. Those voting in favor of the loan shall have written 
or printed, or partly written or printed, on their tickets, '■'■for the 
loan." and those voting against the loan shall have written or 
printed or partly written or printed on their tickets, " against the 
loan." And if a majority of all the legal voters, resident in the 
district shall vote in favor of the loan, then the district board of any 
such school district, the trustees of any village, the common coun- 
cil of any city, or the board of education for such village or city, 
within t u e bounds of which any such school-district is located, shall 
have power and authority to borrow money to aid in the erection of 
a school-house or school-houses under the restrictions hereinafter 
mentioned. . 

Section 115. The money loaned in pursuance of the provisions 
of the preceding section, shall not be borrowed for a longer period 
than five )ears, and shall draw such rate of interest as may be 
agreed upon by the parties, but in no case exceeding a greater rate 
than that established by law ; and the said district board, trustees, 
common council or board of ed caticn, are hereby authorized to give 
notes, bonds or execute a mortgage upon any of the property, real 



124 

or personal, belonging to the district making the loan, to secure the 
payment of the principal and the interest on the sum so borrowed ; 
and the sum so borrowed shall in no case exceed ten percent, on the 
valuation of the real estate contained in the district for the benefit 
of which the loan is made, according to the valuation contained in 
the last assessmeut roll or rolls of the town or towns, village or city 
in which such school-district may be situated. 

The vote authorizing the district board to borrow money, 
may be taken at any regular meeting, properly called ; as the 
provision in section 114 in reference to an annual meeting, 
simply designates the class of persons who may vote upon trie 
question, and not the time when the meeting should be held. 
The vote must be taken by ballot, and the result must be 
recorded in the records of the district. 

To authorize a loan requires that a majority of all the legal 
voters in the district should vote in favor of it. Great care 
should be exercised in conducting all proceedings relating to 
loans. Every opportunity should, be given for a fair and full 
expression of the will of the people. 

LEGAL RIGHTS AND LIABILITES OP DISTaiCTS. 

Section 116. Justices of the peace shall have jurisdiction in 
all cases in which a school-district is a party interested, when the 
amount claimed by the plaintiff, or the penalty for which suit is 
brought, shall not exceed one hundred dollars, and the parties shall 
have the same right of appeal as in other cases; and when an 
action shall be brought against any school-district, it shall be 
commenced by summons, a copy of which shall be left with the 
director. 

Section 117. No execution shall issue on any judgment 
against a school-district, nor shall any action be brought thereon, 
but the same shall be collected in the manner prescribed in this 
chapter. 

Section 118. Whenever any final judgment shall be obtained 
against any school-district, if the same shall not be removed to any 
other court, the director of such district shall certify to the town 
clerk of the town the date and amount of such judgment, with the 
name of the party in whose favor the same was rendered, and if 
such judgment shall be removed to another court, the director shall 
certify the same as aforesaid, immediately after the final determina- 
tion thereof against the district. 

Section 119. If the director shall fail to certify such judgment, 
as required in the preceding section, it shall be lawful for the party 



125 

obtaining the same, his agent, attorney or legal representative, to 
file with, the town clerk of the town the certificate of the justice or 
clerk of the court rendering the judgment, showing the facts which 
should have been certified by such director. 

Section 120. If the district against which any such judgment 
shall be rendered, is situated in parts of two or more towns, a cer- 
tificate thereof shall be delivered as aforesaid to the town clerk of 
each town in which such district is in part situated. 

Section 121. The town clerk receiving either of the certificates 
of judgment as aforesaid, shall proceed to assess the amount thereof, 
with interest from the date of such judgment to the time when the 
warrant for the collection thereof will expire, upon the taxable prop- 
erty of said district, placing the same upon the next town assess- 
ment roll in a separate column, and the same proceedings shall be 
had thereon, and the same shall be collected and returned in like 
manner as other town taxes ; and shall be paid to the party entitled 
thereto. If such district is situated in two or more towns, the 
clerk of each town- shall, on demand of any person interested, fur- 
nish for the clerk of every other town in which any part of the dis- 
trict is situated, a certificate showing the total amount of the valu- 
ation of taxable property in that part of the district situate in his 
town, according to the last assessment roll of said town, and the 
amount of the judgment shall be assessed upon the respective parts 
of the district within the several towns in proportion to such valua- 
tion. In all canes when, for any reason, the clerk of any town has 
heretofore failed, or shall hereafter fail to assess the amount of any 
such judgment, or the proper proportion thereof, in the next assess- 
ment roll after the rendition of the judgment, it shall be his duty 
to assess the same in any subsequent assessment roll within two 
years thereafter, upon the taxable property within the district or 
part of a district situate within his town, according to its limits at 
the time of making the assessment. 

The property belonging to the district is not liable to levy 
or sale upon an execution. Immediately upon the rendition 
of any judgment against a school-district, the director shall 
certify the same to the town clerk, or if the district be a joint 
district, to the clerk of each town in which such district is in 
part situated. If the director fail to certify the judgment, as 
above specified, the certificate of the justice, or of the clerk of 
the court rendering the judgment may be filed instead. The 
town clerk is then required to assess the amount of the judg- 
ment with interest thereon, in a separate column, in, the next 
assessment roll, and the tax when collected, shall be paid to 
the party entitled thereto. 



126 

APPEALS. 

Section 122. Any person conceiving himself aggrieved in con- 
sequence of any decision made by any school-district meeting, or by 
the town supervisors in forming or altering, or in refusing to form 
or alter any school-district, or concerning any other matter under 
the provisions of this chapter, may appeal to the state superin- 
tendent, who is hereby authorized and required to examine and de- 
cide the same, and such decision shall be final and conclusive : pro- 
vided, however, that the decision appealed from shall be operative 
until the state superintendent shall reverse the same ; andprovided, 
further, that the state superintendent shall make and file his de- 
cision within thirty days after the hearing thereof is closed, or in 
cases where appeal has already been heard but not decided, then 
within thirty days after the publication of this act ; and no decision 
of the state superintendent made or filed after the lapse of said 
times, respectively, shall invalidate or in any way affect the decision 
of any school-district meeting or town supervisors from which such 
appeal has been or may be made. 

An effort has been made to give, under the appropriate sec- 
tion, in the foregoing pages, such an exposition of the statutes 
relating to common schools as will aid school officers in the 
discharge of their duties. If, however, after examination of 
these instructions, it is deemed necessary to apply to the de- 
partment for further information, it must be borne in mind : 

1. That no decision can be rendered on any subject affecting 
in any manner the rights or interests of different parties, with- 
out giving to both sides an opportunity of being heard. This 
occurs when an appeal is regularly brought in the manner 
prescribed in the rules regulating appeals, or when all parties 
have signed and united in transmitting a statement of facts in 
regard to which they agree. 

2. That an opinion given without affording to both sides a 
hearing, must be regarded as valid only so far as the statement 
on which, it is founded represents fairly and fully the facts in 
the case. Sometimes it happens that two persons, applying for 
advice upon the same question, state the facts differently, and 
of course receive dissimilar replies. They are thus confirmed 
in their difference of opinion, instead of being reconciled. No 
opinion should be asked upon a hypothetical case ; but the 
actual facts out of which the question arises should be clearly 



127 

and briefly stated, with all practicable certainty as to dates and 
numbers, and in such a manner as to indicate the object of the 
inquiry. 

It is desirable that one page of all letters sent to the depart- 
ment should be left blank. Those addressing the office, no 
matter how frequently they may write, should state the name 
of the post office to which they desire replies to be addressed. 

Oftentimes the advice of the county superintendent will be 
sufficient, to arrange differences that may arise. If neither in 
this way nor by writing to this department such differences 
can be settled, an appeal may be taken. 

The following are the 

KULES RESPECTING APPEALS. 

1. An appeal must be in writing, addressed to the " Super- 
intendent of Public Instruction," and signed by the appellant, 
but no particular form of statement is necessary. 

2. The appeal should be as brief as is consistent with a 
complete statement of the case. It should set forth the action 
or proceedings appealed from, and the reasons why such action 
should be set aside. If the appeal is founded upon the 
refusal of the supervisors to act, the reasons why the action 
asked for should have been taken by such supervisors must 
be clearly shown. If the appeal relates to the formation or 
alteration of a district, a map or plat of the territory affected 
by the action appealed from, should be prepared, showing the 
boundaries of the district cr districts embraced therein, the 
location of the residences of the inhabitants, the highways, 
marshes, etc. A statement showing the assessed valuation of 
the district or districts, or of the several parts of a district 
divided, and the number of children over four and under 
twenty years of age residing in each, should accompany the 
map, and form a part of the papers in the case. When the 
papers are completed, they should be fastened together, num- 
bered or lettered for reference, and an affidavit attached set- 
ting forth that the statements therein made are true, and that 



128 

the map, list of children, and valuation of property are cor- 
rect. The affidavit may be in form as follows : 

A. B., being duly sworn, deposes and says, that the statements 
made in the above appeal, all and several, are true, according (o the 
best of his knowledge and belief, and farther, that the accompany- 
ing map, list of children, and valuation of property are correct. 

[Signed.] , 

Appellant. 

Sworn to and subscribed before me this day of , 

18—. 

C. D. 
Justice of the Peace. 

Note— In other matters than formation or alteration of districts, the latter part of 
the affidavit may he omitted. 

3. A complete and correct copy of the appeal and affida- 
vit, and all accompanying papers should be made, to which 
another affidavit should be attached, stating that they are cor- 
rect copies of the papers in 'the case. 

The form of this affidavit may be as follows : 

A. B. , being duly sworn, deprses and says, that the above is a 
full and correct copy of an appeal and all accompanying papers, de- 
signed to be sent to tho superintendent of public instruction. 

[Signed.] . 

Sworn to and subscribed before me this day of , 

18—. 

C. D., 
Justice of the Peace. 

This affidavit should be made upon the copy only — not upon 
the original appeal that is to be sent to the state superintend- 
ent. This copy should then be served upon the party from, 
whose action the appeal is taken, either by handing it to him, 
or leaving it at his residence. If the appeal is from the action 
of the supervisors, the chairman of the board is a suitable 
party upon whom to serve the copy. If from the proceedings 
of a district meeting, upon the clerk or chairman of the meet- 
ing. It should not be served, however, upon an individual 
who did not sustain the action appealed from, as in that case 
no answer is likely to be made. 



129 

, The psrson servm g the copy of appeal, should carry with 
him the original appeal, so that, if desired, the party from 
whose action the appeal is taken, may admit service of a true 
copy, by the following form indorsed upon the original appeal : 

I, E. F., do hereby admit service of the above (or within) ap- 
peal. 

[Signed,] — -. 

In case no such admission of service be made, the appellant 
will append to his appeal an affidavit of the following form : 

A. # B., being duly sworn deposes and says, that upon the 

day of , 18- — , he did serve a true and verified copy of this 

appeal, and all accompanying papers, upon E. F. by handing the 
same to the said E. P. (or by leaving it at his residence, as the case 
may be). 

[Signed,] . 

Sworn to and subscribed before me this — — day of , 18 — . 

(J. 1>., 

Justice of the Peace. 

When several persons unite in making an appeal, the affida- 
vits may be so changed as to admit the names of all the ap- 
pellants, and each should sign the appeal aud subscribe to 
each and every affidavit. When the action appealed from is 
the action of several persons, it is sufficient to serve a copy of 
the appeal upon any one of the number, though it should 
always be served upon one not agreeing with the appellants, 
that an answer may be. made. 

When all the above directions are complied with, the 
original papers are ready to be forwarded to this office. 

4. An appeal should be taken within thirty days from the 
performance of the act appealed from, or within thirty days 
after the action complained of has come to the knowledge of 
the appellant 

THE ANSWEE. 

1. The appellee has fifteen days in which to prepare his 
answer, and all the directions above given, in reference to 
the preparation and service of a copy of the appeal papers, 
9 — Sch. Code. 



130 

should be complied with in preparing and serving the answer 
upon the appellant, before it is forwarded to the state superin- 
tendent. The forms of affidavit given above, will answer in 
' all cases for forms to be used by the appellee, by changing 
the words so that the affidavit shall refer to an " answer to an 
appeal," instead of to an appeal, and by signing it as appellee 
intead of appellant. 

2. The answer to an appeal may be served upon any 
one of a number of appellants. When the town board of super- 
visors is a party, and papers have been served upon the 
chairman, if he is in favor of the party appealing, one of the 
other supervisors should make answer. 

3. In case of neglect of the proper appellees to answer an 
appeal, any person having an interest in the matter may make 
answer to it, being governed in all cases by the same rules as 
would govern an appellee. 

REPLICATION OR REJOINDER. 

A replication or rejoinder will be allowed, upon proof that 
new facts have come to the knowledge of the party wishing 
the rejoinder, since the appeal or answer has been submitted 
to the state superintendent, or that there are material errors in 
the statements of the other party. 

GENERAL REMARKS. 

If the appellant or appellee presents statements of other 
parties, these statements should be verified by the affidavit of 
the person making the same. 

All decisions on appeal must be filed or recorded as the 
state superintendent shall direct. 

No decision can be rendered on ex parte statements. No 
papers will be considered that are not properly verified, and 
properly served on opposing parties. 

The propriety of leaving out of appeals all matters of a 
purely personal character, except as they may have a direct 
bearing upon the subject, is obvious. 



131 

As appeals are decided upon written and not upon oral 
evidence, it is not necessary or proper for either party to ap- 
pear in person, expecting to be heard in the case without the 
presence of the other party. 

Particular care should be taken to follow the directions in 
regard to affidavits, serving copy &c, so that it may not be 
necessary to send papers back for correction. 

Not only must every paper presented in a case, by either 
party, be verified by affidavit, and a copy be served on the other 
side, but in making the copy, care must be taken to give ev- 
ery affidavit as well as the statement which it verifies. If this is 
not done, the party upon whom such copy is served has no 
evidence that the original was' sworn to. 

If the appeal is not taken or the answer or rejoinder made 
within the prescribed time, the reasons for the delay must be 
given. 

Most of the appeals made to this department grow out of 
the alteration or formation of school-districts, or the refusal to 
form or alter the same. In view of this fact the superintend- 
ent is led to remark, not only that these controversies are 
often very injurious to the interests of education, but that 
they would be avoided, so far as they relate to matters of 
school-districts, if towns favorably situated for the purpose 
would adopt the " town organization of schools," the law pro- 
viding for which is given on a subsequent page. 

APPEALS BY TEACHERS. 

Any person refused a certificate by the county superinten- 
dent of schools, may make appeal to the state superintendent, 
according to section 110, using the following form : 

To A. B. County Superintendent of Schools/or County i 

Sir : You are hereby notified that I intend to appeal from 
your refusal to grant me a certificate, and I hereby ask you for 
your reasons for such refusal, that I may present the same to the 
state superintendent, when I appear before him for re-examination. 

Respectfully yours, 



132 

The teacher applying for re-examination will be expected to 
present the statement of reasons for refusal of certificate by 
the county superintendent, also certificates from responsible 
parties as to moral character of applicant; and if an applicant 
for any other than a third grade certificate, some testimonials 
of success in teaching. He should also notify the superin- 
endent of public instruction, by letter, of his intention to apply 
for a re-examination, that a time may be fixed, which may be 
convenient to both parties. 

In case a teacher's certificate is annulled, he also has a right 
of appeal. For this purpose the following form may be used : 

To A. B. County Superintendent of Schools for — — County : 

Sid : You are hereby notified that I intend to appeal from your 
action in annulling my certificate, and I hereby ask for your 
reaacns for such action, that I may present the same to the state 
superintendent when I appear before him for re-examination. 

Respectfully yours, 



The diieetions given above in regard to an appeal from a- 
refusal to grant a certificate, apply also to this-case.- 

FIN-ES AND PENALTIES. 

Section 123. Every taxable inhabitant receiving the notice men- 
tioned in the second and third sections of this chapter, who shall 
neglect or refuse duly to serve and return Si*.id notice, and every 
chairman of the first district meeting in any district who shall will- 
fully neglect or refuse to perform the duties enjoined on him by this 
chapter, shall, respectively, forfeit the sum of five dollars. 

Section 124. * Every person duly elected to the office of di- 
rector, treasurer or clerk of any school-district, who shall neglect or 
refuse, without sufficient cause, to aecept of such offiee and serve 
therein, or who, having entered upon the duties of his office, shall- 
neglect or refuse to perform any duty required of him by the pro- 
visions of this chapter, sha.l forfeit the sum of ten dollars ; and any 
school-district officer may, for willful neglect of any duty, be re. 
moved from office by the county judge of the county in which such 
school-district officer shall reside. The application for such removal 
shall be by written petition of a majority of the legal voters of said 
school-district in which such officer resides, or of any person ag- 
grieved by such negleot of duty. Such petition shall oontaio a full 

* Amended by chapter 175 of the general laws of 1868. 



133 

statement of all charges preferred against such officer, and a copy of 
said petition s together with a notice of the time and place (within 
said county), when and where a hearing upon such petition will be 
had before the county judge, shall be served upon said school-district 
officer at least ten days before such hearing. Upon the hearing- the 
officer so proceeded against, shall have full opportunity to be heard 
in his own defense, and the county judge shall have authority to ad- 
minister oaths to witnesses offered in relation to the charges in such 
petition, and upon satisfactoi-y proof of such neglect of duty, may, 
by order under his hand, remove such school-district officer from his 
office, and in case of removal shall forthwith file such order in tne 
office of the town clerk of the town in which the district affected by 
saii order is situated, and shall also forthwith cause a copy of such 
order to be served upon each of the remaining officers of such dis- 
trict. And the person so removed from office shall not be appointed 
under section 50 of this chapter to fill the vacancy occasioned by 
such removal. For all service performed under the provisions of 
this a<3t the said county judge shall rec ive from the county t:eas- 
urer the sum of three doll&rs for each day actually employed. 

Section 125. Every school-district officer who shall neglect or 
refuse to deliver to his successor in office all records, books and pa- 
pers appertaining to such office, shall be subject to a fine not ex- 
ceeding fifty dollars. 

Section 126. Every clerk of a district who shall willfully sign 
a false report to trie town clerk of his town, with intent of causing 
such town clerk to apportion to his district a larger sum than its 
just proportion of school moneys, shall be deemed guilty of a mis- 
demeanor, and be punished by fine not exceeding one hundred dol- 
lars, or by imprisonment in the county jail, not exceeding six 
months ; and any district clerk who shall willfully neglect to make 
the annual report from his district, as required by this chapter, 
shall be liable to pay the whole amount of money lost by said 
district in consequence of his neglect, which moneys shall be recov- 
ered in an action prosecuted by the director, in the »ame of the 
district. 

Section 127. Every town clerk who shall neglect or refuse to 
make and deliver to the county superintendent his annual report, as 
required in this chapter, within the time limited therefor, shall be 
liable to pay the full amount of money lost by such neglect or refu- 
sal, with interest thereon, to be recovered by the town treasurer, in 
the name of the town, and every town clerk who shall neglect or 
refuse to carry into effect any decision or order of the state super- 
intendent, shall be liable to removal by the town board of supervi- 
sors, upon proper notice therof ; and the said beard shall have full 
power to fill any such vacancy in such manner as vacancies in other 
town offices are filled. 

Section 128. In case the town board of supervisors shall 
refuse or neglect to carry into effect any decision of the state super- 
intendent, made upon an appeal from their action or refusal to act, 



134 

each member of the board thus refusing or neglecting shall be liable 
to a penalty of fifty dollars, to be prosecuted for and recovered by 
any elector of the district from which the appeal is taken. Suit 
shall be brought in the name of the district, and in case judgment 
shall be rendered against the defendant, the forfeiture recovered 
shall be applied in the first place to pay the necessary expenses of 
the prosecution, and the balance, if any, shall be paid into the dis- 
trict treasury. 

" Section 129. Every county superintendent who shall neglect or 
refuse to make the report required in this chapter to be made by 
him to the state superintendent, within the time limited therefor, 
shall be liable to pay to each town the amount which such town, 
or any school-district therein, shall lose by such neglect or refusal, 
with interest thereon, to be recovered by the town treasurer in an 
action prosecuted in the name of the town or district. 

Section 130. All moneys collected or received by any town 
treasurer, under the provisions of section one hundred and twenty- 
seven and section one hundred and twenty-nine of this chapter, 
shall be apportioned and distributed to the school districts entitled 
thereto, in the same manner and in the same proportion that the 
moneys lost by any refusal or neglect therein mentioned, would, 
according to the provisions of this chapter, have been apportioned 
and distributed. 

Section 131. Any teacher who shall willfully neglect or refuse 
to comply with the requirements of section forty-five of this chap- 
ter, relative to keeping a school register, shall forfeit his or her 
wages for teaching during the time of such neglect or refusal. 

Section 13"2. The treasurer of any legally organized school- 
district shall prosecute the town treasurer of the town in wh'ch 
such district is situated, for the recovery of any moneys lawfully 
due and belonging to such district, in all cases where such town 
treasurer shell neglect or refuse, for the space of ten days from the 
time fixed by law therefor, to pay over to the proper officer the 
school moneys aforesaid. 

Section 133. It shall be competent for any town treasurer, in 
case of default of the county treasurer to pay over the school mon- 
eys which by law should be paid to such town treasurer, to com- 
mence action on the official bond of the county treasurer for the re- 
covery of such moneys. 

Section 134. Any district treasurer who shall use or pay out 
any moneys in his hands belonging to the district, without authori- 
ty of law, shall be liable to a penalty of not loss than five nor more 
than fifty dollars, and it shall be the duty of the director to prose- 
cute the treasurer lor the recovery of said penalty. In case the 
director shall refuse or neglect to prosecute, he shall be liable to a 
penalty of twenty dollars. 

Section 135. Any district treasurer who shall purchase or re- 
ceive any order drawn upon him, for less than the sum expressed in 
said order shall be deemed guilty of a misdemeanor, and upon con- 



185 



viction thereof shall be punished by a fine not exceeding fifty dol- 
lars, or by imprisonment in the county jail not exceeding thirty 



Section 136. Any clerk who shall draw an order upon the 
treasurer for the payment of wages of a teacher, not legally quali- 
fied, or for any other purpose not authorized by law, and every di- 
rector who shall countersign such order, shall be liable to a fine of 
not less than twenty nor more than one hundred dollars ; and any 
elector may prosecute for the use and benefit of such district, for 
the recovery of the fine prescribed in this section. 

Section 137. In the prosecution of aetions under this chapter, 
a copy of the official bond sued upon, duly certified by the officer in 
whose custody such bond is placed by law, shall be deemed sufficient 
for all purposes of proof required by law in said actions. And any 
actions under this chapter in which the sum claimed to be justly 
due, or the penalty and forfeiture incurred, shall not exceed the sum 
of one hundred dollars, may be commenced and prosecuted before 
any justice of the peace, in the same manner as other cases. 

Section 138. Whenever any person designated by this chapter 
to prosecute a district or other school officer, for neglect of duty or 
for illegal action, shall fail or neglect to prosecute said officer for 
the space of ten days after being requested by any elector so to do, 
and in all eases no* specially provided for, any elector may prose- 
cute such officer in the name and for the use and benefit ot such dis- 
trict, for the recovery of the fine or the infliction of the penalty 
prescribed by law for the failure of such officer to perform his duty, 
or for the illegal action of said officer, and in case judgment shall 
be rendered against the defendant, the forfeiture recovered shall be 
applied in the first place to pay the necessary expenses of prose- 
cution, and the balance, if any, shall be paid into the district 
treasury. 

Section 139. All the provisions of section forty-three of this 
chapter, in reference to the annual reports of the district clerks, 
shall apply to and be in force in every city and incorporated village 
in this state, and each city and village clerk, or clerk of the board 
of education, shall make and transmit to the county superintendent 
of schools for the county or district in which such city or village is 
situated, the report required by section fifty-seven of this chapter, 
within the time therein prescribed, any provisions of their charters 
or any law of this state to the contrary notwithstanding.* 

Section 140. Any person who shall willfully and maliciously 
interrupt or in any way molest or disturb any private or public 
school, while in session, shall, upon conviction thereof, be punished 
by fine not exceeding twenty-five dollars, or by imprisonment in the 
county jail not exceeding thirty days. 

Section 141. The state superintendent is hereby authorized 
and required, on or before the first day of June, in each year, to 

*The provisions of this section are modified by chapter 128 of the general laws of 1870, 
"which will be found on page 72. 



186 

furnish to each school district clerk, town clerk and county super- 
intendent of schools in the state, a blank form upon which such 
officers shall make their annual reports. 

Section 142. Whenever hereafter any amendment shall be 
made to the provisions of this chapter, it shall be the duty of the 
Btate superintendent to furnish a copy of such amendment to every 
school-district in the state. 

Section 143. All acts and parts of acts the provisions of which 
are fully embraced in this act, are hereby repealed, 

Approved March 28, 1868. 



TOWNSHIP SYSTEM OF SCHOOL GOTERNMENT. 



Chapter 1S2— General Laws 1869. 
I TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 

Section 1. Each town which is now or may hereafter be organ- 
ized in this state, is hereby declared and constituted one school- 
district for all the purposes of this act, and the several school-dis- 
tricts and parts of joint districts which are now or may hereafter be 
established in the several organized towns, shall be styled and known 
as sub-districts. 

Section 2. New sub-districts may be formed and the boundaries 
of any sub-district may be altered by the town board of directors at 
any regular meeting of said board : provided, that the formation and 
alteration of any joint sub-districts shall be by the concurrent ac- 
tion of the boards of directors of all the towns embraced in part in 
such sub-districts. 

Section 3. The clerks of the several sub-districts in any or- 
ganized town, together with the clerk3 of the joint sub-districts, 
the school-houses of which are situated in such town, shall consti- 
tute the town board of school directors. 

Section 4. The said board shall be a body corporate, and shall 
possess the usual powers of a corporation for public purposes, by the 
name and style of " the board of school directors of the town of 

" (the name of the town to which the board belongs), and 

in that name shall sue and be sued, and be capable of contracting 
and being contracted with and of holding real and personal estate 
and of selling the same, as authorized by the provisions of this act. 

Section 5. The board of directors in eash town are hereby in- 
vested in their corporate capacity, with the title, care and custody 
of all school-houses, school-house sites, furniture, apparatus and 
other property of all kinds belonging to the sub-school-distriets 
therein, with full power to control the same, in such manner as will 
best subserve the interests of the schools in su?h town. 

Section 6. The said board shall meet annually upon the first 
Monday in October in each year, at or as near as may be, the place 
where the last annual election was held. The second regular meet- 
ing of the board shall be held on the third Monday of March in 
each year. The hour of meeting shall be ten o'clock in the fore- 
noon. 



138 

Section 7. Special meetings may be called by the president 
and secretary upon the application of one-third of the members of 
the board. Such meetings shall be called by notifying each member 
of the board personally, or by leaving a written notice at his place 
of residence or business, stating the time, place and objects of the 
meeting, at least five days before the time appointed therefor. 

Section 8. The members of the board, a majority of whom shall 
constitute a quorum ; assembled at the first and each succeeding annual 
meeting, shall elect from their number a president and vice president, 
and a secretary, who may or may not be one of their number : pro- 
vided, he shall be a resident of the town to which the board be- 
longs. 

Section 9. The board of each town shall have power to pur- 
chase or hire houses aiad rooms for the use of schools and to fence 
and improve the same as they may deem proper, and upon such 
sites, to build, enlarge, alter, improve and repair school-houses, 
outhouses or any other buildings for school purposes, as they may 
deem advisable ; and also, whenever in the opinion of the board 
any school-house or school-house site is no longer needed for school 
purposes, the same may be sold and conveyed in the corporate name 
of the board, such conveyance to be executed by the president and 
secretary of the board. 

Section 10. It shall be the duty of the board at the regular 
meeting in March, to estimate and determine the amount of money 
which will be necessary for the support of schools, and for the 
building and repairing of school-houses in the town for the year en- 
suing. 

Section 11. It shall be the duty of the board to establish and 
maintain such and so many schools in the several sub-districts under 
their charge as they may deem requisite and expedient : provided, 
that there shall be at least one common school in each sub-district, 
and that all such schools shall be kept each year not less than five 
months. The board shall have in all respects the supervision and 
management of all the schools, with full pover to adopt, enforce, 
modify and repeal, from time to time, all rules and regulations not 
inconsistent with the laws of this state necessary for their organi- 
zation, gradation and control, and for the instruction eh en by 
them in the different branches of education taught therein, and to 
establish and enforce proper penalties for the violation of such 
rules. 

Section 12. All the powers conferred upon school-district 
boards by the provisions of chapter 155 of the general laws of 1863 
and the acts amendatory thereto, excepting those the exercise of 
which would conflict with the provisions of this chapter are hereby 
conferred upon the town boards of directors provided for in this act. 

Section 13. The president, vice president and secretary of the 
town board of directors shall constitute an executive committee, 
which committee shall carry out, put in force and execute all or- 
ders of the board, and for this purpose all power and authority 



139 

vested in the board by the provisions oi this act Bhall be deemed 
vested in the executive committee, and any duty devolved upon 
the said board by the said provisions shall devolve upon the execu- 
tive committee : provided, that all the acts of the executive com- 
mittee shall be subject to review by the board at any regular meet- 
ing thereof. 

Section 14. The executive committee shall employ so many 
qualified teachers as they may deem necessary to give instruction in 
all the schools under the charge of the board. Each contract shall 
be in writing, shall be signed by the teacher and by the president 
and secretary, and shall specify the wages per week, month or year, 
as agreed upon by the parties. 

Section 15. The secretary shall record all the proceedings of 
the hoard in a book kept for that purpose ; he shall keep an accu- 
rate and specific account of all expenses incurred by the board, in- 
cluding a list of all orders drawn by him, with the date, amount, 
person in whose favor and object for which each order was issued ; 
he shall properly file all papers deposited with him in accordance 
with law, and shall keep and preserve all books, papers and records 
belonging to his office, and deliver the same to his successor. 

Section 16. He shall make and keep in his office an accurate 
map of his town, showing the boundaries of all sub-districts and 
joint sub-districts, and the location of all school-houses and highways 
therein. When a new sub-district is formed by the board of direct- 
ors, or one is altered, he shall within ten days thereafter, certify to 
the clerk of each sub-district affected by such formation or altera- 
tion, a copy in writing of the record of fche action of the board in 
the matter. 

Section 17. He shall have the immediate charge and supervis- 
ion of all the schools in his town, and shall, under the direction of 
the board of directors, organize and grade them, and assist the several 
teachers thereof in cla-sifying and arranging them. He shall visit 
each school in his town at least twice during each term thereof ; 
shall examine into its condition and progress, consult with and Eid- 
vise the teachers in regard to methods of instruction and govern- 
ment, and shall report to the board from time to time such improve- 
ments as his experience shall dictate are calculated to benefit the 
school. 

Section 18. He shall draw orders on the town treasurer for 
moneys in the hands of such treasurer which have been appor- 
tioned to the town, and for moneys collected or received by him 
from other sources for school purposes, for the payment of teachers' 
wages, the purchase of school-house sites, the building, buying, 
hiring, repairing and furnishing of school-houses, and for all other 
purposes authoriz ed by this act or by the board of directors acting 
under it : provided, that each order shall designate the object for 
which and the fund upon which it is drawn, and shall be counter- 
signed by the president. 



140 

Section 19. It shall be the duty of the secretary, at least five 
days before the annual town meeting or election each year, to make 
to the board of supervisors of the town a written statement, show- 
ing the receipts of moneys for school purposes from all sources, and 
the disbursements of the same during the year ending on the third 
Monday of March, in which statement shall be given, under sepa- 
rate heads : 

1st. The amount in the treasury at the beginning of the year. 

2d. Amount received from the state fund. 

3d. Amount collected by town treasurer. 

4th. Amount received from all other sources. 

5th. The manner in which sums have been expended, specifying 
the amount paid under each head of expenditure. 

6th. Amount remaining in the treasury. 

7th. Amount of indebtedness of the township district and when 
and how payable. 

The secretary shall accompany the above statement with the esti- 
mates of the board of the amount necessary for the support of 
schools during the ensuing year ; specifying the sums needed under 
the following heads : 

1st. Amount for teachers' wages. 

2d. Amount for school-house sites, and for building, hiring or 
purchasing; school-houses. 

3d. Amount for fuel. 

4th. Amount f r incidental expenses, including repairs, maps, 
globes, charts and for all needful school-room appurtenances, 

5th. An amount not £o exceed one hundred dollars, to purchase 
library books. 

Section 20. It shall be the duty of the board of supervisors of 
each town in the state to present the statement and estimates above 
mentioned to the electors of the town, at the annual town meeting 
or election, and the items of said estimates shall be passed upon 
separately by a vote of the electors present : provided, that upon 
motion they may be increased or diminished ; and provided further, 
that if for any reason moneys for the support of schools shall not be 
voted at the annual town meeting, or a sufficient amount shall not 
then bo voted, the supervisors shall present the. estimates before 
mentioned to the electors at the general election in the fall for a 
vote thereon. 

Section 21. The secretary shall furnish school registers in the 
form prescribed by the state superintendent of public iastruction, 
in which every teacher in the town shall be required to enter the 
names, ages and studies of all the scholars attending school, and 
daily their attendance and absence, which registers shall be deposited 
with the clerks of the sub-districts at the end of each term of school. 

Section 22. It shall be the duty of the secretary, between the 
fifteenth and twenty-fifth days of September in each year, to make 
and transmit to the superintendent of schools for the county, a re- 



141 

port in writing, bearing date on the 15th day of September in the 
year of its transmission, stating, 

1st. The whole number of sub-districts and parts of 5>ub-districts 
separately set oif within the town. 

2d. The length of time a school shall have been taught in each 
of said sub-districts or parts of districts. 

3d. The number of children taught in each, and the number of 
chilren over the age of four and under the age of twenty years re- 
siding ia each. 

4th. The whole amount of money received in the town for 
school purposes since tho date of the last precediug report, setting 
forth separately the amount received from the state through the 
county treasurer, the amount levied by the county board of supervis- 
ors and the amount raised by the (own at its annual town meeting. 
5th. The manner in which said moneys have been expended, and 
whether any and what part remains unexpended, with such other in- 
formation as the state superintendent may from time to time re- 
quire. 

Section 23. The town clerk shall assess all sums voted at the 
annual town meeting, or at the fall election, for the support of 
schools, upon the real and personal property of *he town as found 
in the assessment roll for the year in which said money* are voted, 
&nd the sums so assessed shall in all respects be collected or return- 
ed delinquent like other taxes, and when collected the money sh ill be 
held by the treasurer and be by him paid out on the order of the 
president and secretary of the town board of directors. 

Section 24. If for any reason the electors of a town shall fail 
to vote an amount of money sufficient to maintain a school in each 
sub-district for the term of five months during the year ensuing, 
then the secretary shall, on or before the fourth Monday of No- 
vember of the year in which the electors shall fail to vote as afore- 
said, certify to the town clerk the amount estimated by the board 
of directors as necessary for teachers' wages, fuel, repair of school- 
house;:! and incidental expenses, and the town clerk shall assess the 
aggregate sum thus certified, upon all the taxable property of the 
town in the assessment roll for that year, and the town treasurer 
shall collect the same with the ether taxes. 

Section 25. It shall be the duty of the town treasurer of each 
town to apply for and receive from the treasurer of his eounty, all 
moneys apportioned for the use of common schools in his town, and 
to pay out the same, together with all moneys collected or received 
by him for school purposes, upon the order of the president and 
secretary of the town board of directors. 

Section 26. The annual meeting of each sub-district shall be 
held on the last Monday in September in each year. The time of 
such meeting shall be seven o'clock in the afternoon. 

Section 27. The inhabitants qualified by law to vote at a sub- 
district meeting, when assembled in annual meeting, shall have 
power and it shall be their duty, 



142 

1st. To appoint a chairman for {he time being. 

2d. To appoint a secretary, if the district clerk shall be absent. 

3d. To choose a clerk. 

4th. To recommend to the town board of directors the number 
of months they desire to have school maintained in their sub-district 
the ensuing year ; and whether they desire a male or female teacher; 
the improvements and repairs which ought to be made on the school - 
houses, out houses, grounds, etc.; what maps, charts or other aids 
in teaching should be furnished, and generally, anything, matter or 
plan which in their judgment will advance the cause of education 
and benefit the school of their sub-district. 

Section 28. The clerk shall record the proceedings of all sub- 
district meetings in a book kept for that purpose ; shall certify to 
the town board cf directors any recommendation adopted by the 
electors of his sub-district in accordance with the provisions of the 
preceding section, and shall have charge of the school-house and of 
all property therein or belonging or attached thereto, subject to the 
order or direction of the board of directors. 

Section 29. He shall be a member of the town board of direct- 
ors, shall attend all meetings of the board, and shall carry out all. 
lawful orders of the same, having reference to the school-house of 
his district or the school maintained therein. 

Section 40. He shall give at least six days previous notice of 
every annual meeting of the electors of his sub-district, by posting 
notices therefor in four or more public places in the sub-district, 
one of which notices shall be affixed to the outer door of the school- 
house, and he shall act as secretary of all such meetings when 
present. 

Section 31. When any sub-district is formed or a vacancy oc- 
curs in the office of sub district clerk, the executive committee of 
the town board of directors shall appoint a clerk, who shall hold his 
office until the annual meeting of the sub-district next succeeding 
such appointment. 

Section 32. When a sub-district is composedof parts of two 
or more towns, the board of directors of the town in which the 
school house is situated shall have the entire control of said sub- 
district, and shall maintain school therein as in other sub-districts ; 
and the clerk of said joint sub-district shall be a member of the 
board of directors of said town, whether he resides in the 
same or not. At the annual meeting in October, the board of di- 
rectors shall calculate and determine the cost; of maintaining the 
school in said joint sub-district for the year ending at the close of 
the term preceding the meeting of the board, and the secretary 
shall certify such amount to the secretary of the board of each town 
embraced in part in such joint sub-district, together with the assessed 
valuation of said sub-district and of each part thereof, as found in 
the assessment roll of said town for that year. On the receipt of such 
certificate, the secretary of the board of directors of each of said 
towns shall draw an order on the treasurer of his town in favor of 



143 

the treasurer of the town in which the school-house of said joint 
sub-district is situated, for such a proportion of the whole cost of 
maintaining said school as aforesaid, as the assessable property of 
his town embraced in said joint sub-district is to to the whole val- 
uation thereof; and said order shall be paid out of any moneys in 
the hands of said treasurer, collected or received by him for the 
support of schools in his town. 

Section 33. In case either of the towns embraced in part in 
said joint sub-district shall not have adopted the township 3ystem of 
school government, the certificate before mentioned shall be made 
to tbe clerk of said sub-diutrict, and it shall be his duty to incorpo- 
rate the proportional sum mentioned in the preceding section in the 
returns of district taxes mad:* by him to the town clerk of his town, 
on the fourth Monday in November succeeding the receipt of said 
certificate, and the said sum shall be assessed and collected with the 
other taxes of that part of tbe joint sub-district, and shall be paid 
over by tbe town treasurer collecting the same, to the treasurer of 
the town in which the school-house is situated. 

Section 34. When the school-house of a joint sub-district is 
situated in a town which has not adopted the township system of 
school government, the taxes for the support of schools shall be 
raised, assessed and collected as provided in cbapter 155 of the gen- 
eral laws of 1863, and the acts amendatory thereto ; but if any por- 
tion of said joint sub-district shall be embraced in a town which has 
adopted said township system, then the proportion of any district 
tax which should be assessed upon the property of such part of said 
sub-district, shall be certified by the town clerk of the town in which 
the school-house of said joint sub-district is situated, to the secre- 
tary of the town board of directors of the town comprising the part 
of the said joint sub-district before mentioned, and said secretary 
shall draw an order upon the town treasurer of his town, in favor of 
the treasurer of the joint sub-distriet for the amount of tax thus 
certified, and the said town treasurer shall pay the same out of any 
moneys held or received by him for school purposes. 

Section 35. Plior to the erection of any school-house by the 
town board of directors, they shall estimate and determine the valu- 
ation of all the school-houses and sites in their town, and when so 
determined the secretary shall place upon record a tabular state- 
ment containing the number of each sub-district, the value of its 
school-house and site and the valuation of its taxable property, as 
arpears from the last assessment roll of the town ; and thereafter 
for a period of ten years from the date of the meeting at which such 
determination of values was had, when a tax shall be voted to build 
a school-house or purchase a site, such tax shall be so distributed 
and assessed upon the several sub-districts, that thosa having the 
least amount invested in school-houses and sites in proportion to 
the assessed valuation of their property, as appears from the record 
made at the time of the determination of values aforesaid, shall pay 
most towards said tax in proportion to the assessed valuation of 



144 

their property at the time the tax is assessed, in order that the 
sums paid by the different sub-districts in the town for the purchase 
of sites and the erection of school-houses, shall be equalized : pro* 
vided, that if the board of directors of any town shall decide that 
taxes for the purchase of sites and the erection of school-houses 
shall be assessed equally upon property, then the aforesaid provis- 
ions in reference to equalizing such taxes shall not be operative in 
such town. 

Section 36. Each city in this state, and every tillage having 
a graded school with not less than three departments, shall consti- 
tute a separate school-district ; and all those cities and villages 
having no system of school government provided for in their char- 
ters, shall be subject to the provisions of chapter 155 [general 
laws of 1^63] and the acts amendatory thereto. Whenever the 
territory of a school-district of an incorporated village shall extend 
beyond the limits of said village, the whole of such territory shall 
remain in such district and form a part thereof until detached by 
authority of law, and the provisions of this act shall have no force 
or effect in such villages or districts. 

Section 37.* The legal voters of any town in the state may, 
at any town meeting or spring election or at any fall election, vote 
upon the question of " township school government." Such voting 
shall be by ballot, and the ballots used shall have written or printed 
thereon the words, "township school government — -yes;" or the 
words, " township school government — no." A separate box shall 
be provided fur the reception of said ballots, and the votes cast shall 
be counted, canvassed and a record thereof made as in the case of 
other votes cast at such election ; and if it shall appear that a 
majority of the ballots cast have written thereon the words, " town- 
ship school government — yes," then the provisions of this act shall 
immediately become operative in such town ; otherwise they shall 
have no force or effect therein. No vote shall be taken upon the 
question of township school government in pursuance of this act, 
unless notice thereof shall be given as hereinafter provided. The 
town clerk of any town, upon the petition in writing of any ten 
electors of said town, shall publish by posting in three of the most 
public places in said* town a notice in writing, that the question of 
township school government will be submitted to the electors of 
said town at the ensuing town meeting or fall election. Such notice 
shall be published and posted, at least ten days before the holding 
of any such town meeting or fall election ; and any town having 
adopted the township school government according to the provisions 
of this act, may abolish the same at any town meeting or spring 
election, or at any fall election in the same manner as provided for 
its adoption in this section. 

Section 38. The clerks of the various school-districts, together 
with the clerks of the joint school-districts, the school-houses of 

* Amended by chapter 33, general laws of 1870. 



145 

which are situated in any town adopting the township system in the 
manner provided io the preceding section, shall constitute the first 
board of directors for such town. They shall meet and organize 
within two weeks after the election at which said township system 
shall be adopted, and they shall hold their offices till the next annual 
meeting of the sub-districts o f their town. 

Not many towns have as yet made frial of the system pro- 
vided for in the preceding act. There is a natural hesitation 
in changing from the methods of school management with 
which, people are familiar, to others' that are new to them. 
It will be seen that section 37 of the law is so modified 
that any town which adopts the new system and is not satisfied 
with it, can return to the old one. With a little patience how- 
ever, and a willingness to consider the general good rather than 
local advantage, the town organization will be found much 
better than the plan of single independent districts. 

As many of the reports from this department, especially the 
last three, have fully set forth the advantages of the system 
provided for in the preceding law, it is not necessary to dwell 
upon them hsre. Some amendments of the law would have 
been passed by the legislature last winter but for an accident 
which prevented them from being reached in the senate before 
the session closed. One of these was a provision for compen- 
sating the " secretary of the town board of directors " for his 
services. This and some other needed modifications of the 
law will be secured, if possible, at the next session. 



10 — Sch. Code. 



OF NORMAL SCHOOLS. 



Chapter 151 — General laws of 1869. 
LAWS RELATING TO NORMAL SCHOOLS. 

Section 1. All the provisions of law which direct the applica- 
tion and use of swamp and overflowed lands of this state, and of 
the lands selected in lieu of swamp and overflowed lands, and of the 
moneys received from the sale of such swamp and selected lands, 
and of moneys received from the United States in lieu oi swamp 
lands for the purpose of drainage, and for supporting common 
schools, normal schools and academies, are hereby repealed, and all 
acts granting or offering to grant, or authorizing the conveyance of 
any such lands to any county, town, corporation, officer, board or 
to any other person -or -persons, are hereby repealed ; and such 
grants, offers and authority are revoked and annulled, except so far 
as the title to such granted lands may have been actually diverted 
under such acts : "provided, that nothing herein contained shall im- 
pair the obligation of any contract heretofore made. 

Section 2. All the swamp and overflowed lands heretofore 
received by this state from the United States, under and in pursu- 
ance of an act of congress, entitled " an act to enable the state of 
Arkansas and other states, to reclaim the swamp lands within their 
limits," approved September 2,8, A. D. 1850, and whieh are now 
owned by this state, and all lands now owned by this state which 
were selected in lieu of swamp and overflowed lands, as authorized 
by an act of congress, entitled an " act for the rolief of purchasers 
and locators of swamp and overflowed lands," approved March 2, 
A. D. 1855, and all moneys received from the United States in lieu 
of swamp and overflowed lands, under the provisions of the act of 
congress last aforesaid, and all moneys received by this state as pur- 
chase money for swamp and overflowed lands, and for lands selected 
as aforesaid in lieu of swamp and overflowed lands, including the 
amounts loaned and invested, together with all sums due or to be- 
come due, as balance of purchase money on contracts for the sale 
of such swamp lands and selected lands, shall, after deducting the 
incidental expenses heretofore paid from said funds, and the losses 
sustained therefrom, as near as they can be conveniently ascertained, 
be divided into two equal parts, the one part to be denominated, 
" the normal school fund," and the other to be denominated, "the 



148 

drainage fund." In making the partition between such funds, the 
swamp lands and moneys receivable on contracts for the sale of 
swamp lands, shall, as far as practicable, regard being had to the 
mode of distribution required by section six of this act, be set 
apart to the drainage fund ; and the moneys received in lieu of, and 
in payment of lands as aforesaid, including the sums invested, and 
the lands selected in lieu of swamp lands, and the moneys receiv- 
able on contracts for the sale of such selected lands, shall, as far as 
practicable, be set apart to the normal* school fund; and for the 
purpose of making such partition, one dollar shall be taken to be 
the equivalent of one acre of such land. 

Section 3, All the swamp and overflowed lands which this state 
shall hereafter receive, pursuant to said act of congress, approved 
September 28, A. D. 1850, shall, on receipt thereof, be partitioned 
equally by counties, between the drainage fund and the normal 
sch)ol fund, and the part known as drainage fund, shall be set 
apart to the counties respectively, in which such lands lie, to be 
used and applied a?3 the other drainage fund belonging to such coun- 
ties is by this act directed to be used and applied. And all moneys 
which this state shall hereafter receive from the United States in 
lieu of swamp and overflowed lands, shall, on receipt thereof, be 
equally divided between the drainage fund and the normal school 
fund ; and that part which is known as the drainage fund shall be 
distributed to the several countits in proportion to the number of 
acres of swamp land therein, and shall be used and applied as the 
other drainage fund belonging to such counties is by this act, di- 
rected to be used and applied. 

Section 4. The land belonging to the norma] school fund shall 
be sold, and the money arising from such sales, and all other moneys 
belonging to that fund, shall be invested in the same manner and 
by the same officers as are now provided by law for the sale and 
investment of the school fund. 

Section 5.* The income of the normal schoclfund shall be ap- 
plied to establishing, supporting and maintaining normal schools, 
under the direction and management of the board of normal school 
regents. 

Section 6. The drainage fund, constituted as provided in sec- 
tion two of this act, shall be apportioned by the commissioners of 
school and university lands among the several counties in this state, 
in proportion to the number of acres of swamp and overflowed lands 
situated in such counties respectively ; and from the amount so 
apportioned to each county, shall be deducted the amount hereto- 
fore paid to such county (if any), or to any town or towns in said 
county, or for the benefit of such county or town, or which has been 
granted to be used or expended in such county, (such grant not 
being revoked,) either in cash, as proceeds of swamp lands sold, or 
by transfer of swamp lands situated therein; and the balance so 

* Amended by chapter 29 of the general laws of 1870. 



149 

ascertained, shall represent the amount of drainage fund to which 
each of the several counties is entitled, and such amount or share 
shall be set apart to each of the counties respectively in the man- 
ner following : 

1st. The commissioners shall set apart to each county, out of 
the swamp lands so belonging to the state and situated in such 
county, a number of acres of swamp lands equal to its share of the 
drainage fund. 

2d. If in any county there is not a sufficient quantity of such 
lands now belonging to the state, to make the share apportioned 
thereto, then the deficiency on such share shall be made from the 
lands in such county which have been sold by the state on contracts 
on which there remains a balance unpaid, each dollar receivable from 
such contracts, to be taken as the equivalent of one dollar per acre, 
in making up such deficiency. 

3d. If in any county the swamp lands now belonging to the state, 
together with the amount receivable on the contracts for the sale of 
swamp lands in such county, shall be insufficient to make the share 
apportioned thereto, then the deficiency on such apportioned share 
shall be made *p in money as soon as practicable, from the first 
moneys received from the sale of swamp lands which is not other- 
wise appropriated. The selection of drainage lands to make the 
share from each county shall be made from the lists of swamp and 
overflowed lands in the office cf the commissioners, and shall be so 
made that the drainage lands and the normal school lands shall be 
located alternately, as near as practicable, in proportion to the 
number of acres due to each fund, and so that the lands of both 
funds shall be proportionately distributed. 

Section 7. All the swamp and overflowed lands selected for 
the counties, respectively, in which s ch lands are located, in the 
manner provided in this act, shall be held by the commissioners of 
school and university lands and their successors in office, in trust 
for the counties respectively, in which such lands are situated,. 
The lands so held by the commissioners and their successors in 
office, shall be sold and conveyed by said commissioners exclusively 
for cash, in the same manner as now provided by law for the sale of 
swamp and overflowed lands. 

Section 8. The commissioners of school and university lands 
shall, as soon as they have completed the division of the swamp and 
overflowed lands in the manner provided in this act, make out or 
cause to be made out, e full description of the drainage lands in 
each county wherein any such lands are situated, and transmit the 
same to the clerk of tho board of supervisors of such county, who 
shall make out" and transmit to the town clerk of each town, a 
list of such lands lying in such town, and such town clerk shall 
keep in his office such description of unsold swamp and overflowed 
lands in his town, for the inspection of the public. 

Section 9. The commissioners of school and university lands 
shall, on the first Monday in June of each and .every year, make out 



150 

a statement of all swamp and overflowed lands sold by them in trust 
for the counties respectively, setting forth the description of all the 
lands sold in each county, the price of each tract and the total 
amount received by them for all such land sold in such county, and 
transmit a copy of such statement to the clerk of the board of su- 
pervisors of the proper county, who shall make and transmit to the 
clerk of each town a copy of that portion of such list which relates 
to lands lying in such town. They shall at the same time, report to 
the clerk of the board of supervisors of the proper county, the 
amount of other moneys received by them which belongs to the drain- 
age fund of such county, specifying in such report the sources from 
which 6U3h moneys are received, so as to enable such clerk to ap- 
portion the same to the several towns of his county, according to 
the provisions of this act. 

(Section 10. All money received by the commissioners of school 
and university lands from the sale of swamp and overflowed lands 
belonging to the respective counties wherein such lands so sold are 
situated, and all other moneys received by them belonging to the 
drainage fund of the respective counties, shall on the first Monday of 
June in each and every year, or as soon thereafter as the accounts 
can be made up, be paid over to the county treasurers of the respec- 
tive counties, except so much as may be required to pay the expen- 
ses incurred by said commissioners in discharging their duties under 
this act, in relation to such drainage fund. 

Section 11. On receiving the statement and report as provid- 
ed m section nine of this act, the clerk of the board of supervisors 
shall apportion the drainage moneys to the several towns of his 
county, as follows : 

1st. He shall apportion to each town all the moneys, both prin- 
cipal and interest, which have been received during the then pre- 
vious year, on account of l^nds situate in such town. 

2. All other drainage moneys he shall apportion among the se- 
veral towns according to the number of acres of swamp lands situated 
in each. He shall transmit to the county treasurer a statement of 
the amount so apportioned to the several towns, who shall file the 
same in his office. 

Section 12. All drainage fund income row remaining unex- 
pended in the several counties, may be apportioned by the board 
of supervisors of such counties to the several towns, in such shares 
as they i hall deem equitable and just. 

Section 13. Each county treasurer before receiving the moneys 
directed to be paid to him in the next preceding sections of this act 
or any part thereof, shall execute to the chairman of the county 
board of supervisors of such county, a bond with two or move sure- 
ties, to be approved by the said chairman, by indorsement over his 
official signature on said bond, in a penal sum not less than double 
the amount of such money as shall come into his hands, for dis- 
bursement to the respective towns in his county, by reason of this 
act, conditioned for the faithful disbursement of all such moneys, in 



151 

such manner as shall be prescribed in this act, which bond he shall 
deliver to the clerk of the county board of supervisors of said 
county, to be filed in his office. 

Section 14. It shall be the duty of the county treasurers re* 
spectively, immediately upon the receipt of the drainage moneys be- 
longing to their respective counties, to give notice in writing to the 
treasurer of each town in such county, of the amount of rnoney re- 
ceived by such county treasurer apportioned to such town. Each 
town treasurer before receiving the drainage moneys or any part 
thereof, belonging to the town of which he is treasurer, shall exe- 
cute to the chairman of the town board of supervisors of such town 
a bond, with two or more sureties, tD be approved by said chairman, 
by indorsement over his official signature on said bond, in a penal 
sum not less than double the amount of such moneys as shall come 
into hjs hands by reason of this act, conditioned for the faithful ap- 
plication and disbursement of all such moneys in such manner as 
shall be prescribed by this act, which said bond he shall deliver to 
the town clerk of said town to be filed in his office. 

Section 15. The town clerk of said town on the receipt of 
such bond of the town treasurer, shall file the same and safely keep 
it in his office, and shall give to the said town treasurer a receipt, 
stating that he has filed the bond required by the preceding seetion 
of this act, which receipt the said town treasurer shall deliver to 
the county treasurer of his county, who shall, on the delivery 
thereof, pay over to said town treasurer the amount of such moneys 
belonging to his said town, and also the moneys, if any, apportioned 
to said town from the drainage income fund, ag hereinbefore pro- 
vided. 

Section 16. The town treasurer shall receive and safely keep 
in his possession all such moneys, and shall pay out the same only 
upon the order of said town board of supervisors, duly signed by 
the chairman and countersigned by the town clerk, and the said 
town treasurer shall receive as compensation for the performance of 
the duties devolving upon him under this act, the sum of two per* 
cent, upon all such moneys as shall pass through his hands by rea- 
son of this act. 

Section 17. The said moneys when so paid into the town 
treasury as provided in this act, shall constitute and be denominated 
the drainage fund of said town, and shall be under the control of 
the town board of supervisors of such town, and shall be expended 
under their direction in- draining and reclaiming the swamp and 
overflowed lands in their town, and in constructing roads and build- 
ing bridges over and through such lands in said town, when they 
shall deem such roads and bridges necessary ; and in case any por- 
tion of said fund shall not be needed for the purposes aforesaid, 
such portion maybe applied to the support of common schools under 
the direction of the board of supervisors ; and such moneys shall not 
be expended for other purposes. The members of said town board 
of supervisors shall be entitled to the sum of one dollar and fifty 



152 

cents per day for each and every day actually employed in the per- 
formance of the duties enjoined upon them by this act, to be paid 
out of the drainage fund of such town. 

Section 18. All laws that may be in force for the protection of 
school and university or other state lands, or punishing trespassers 
thereon or injuries thereto, are hereby extended and made appli- 
cable to the protection of swamp and overflowed lands mentioned or 
contemplated in this act, whether such lands belong to the normal 
school fund, or are held by the commissioners of school and univer- 
sity lands, in trust for the counties respectively, wherein such lands 
are situated. And any person may enter complaint, and it stiall be 
the duty of any town officer to enter complaint before a justice of 
the peace, against any person or persons trespassing upon any swamp 
and overflowed lands or other state lands, in the town wherein the 
complainant resides, whether such lands belong to the state, or are 
held in trust for the county as provided by this act. 

Section 19. The commissioners of school and university lands 
are hereby authorized and required, in the manner now provided by 
law, to graduate and reduce the price per acre lor which the swamp 
and overflowed lands may be sold, whether such lands belong to the 
normal school fund, or are held in trust by said commissioners for 
the counties, as contemplated and authorized in this act : provided, 
none shall be sold for a less price than seventy-five cents per acre. 

Section 20. The town board of supervisors of any town 
wherein any swamp and overflowed lands are situated, may lease 
for the purpose of cutting grass or picking cranberries therefrom 
for the term of one year, any such lands upon which marsh hay 
may be cut or cranberries may be picked, for such price per acre as 
they may determine and agree upon. All moneys received by any 
town board of supervisors on any such leases shall be added to the 
drainage fund of their town. It shall not be lawful to cut any tim- 
ber from lands leased as provided in this section. 

Section il. The terms, "swamp lands,' 7 and "swamp and 
overflowed lands," used in. this act shall be construed to mean all 
the lands which may have been transferred to the state in pursu- 
ance of the act of congress, entitled "an act to enable the state of 
Arkansas and otber states to reclaim the swamp lands within their 
limits," approved September 28, 1850. 

Section 22. The commissioners of school and university lands, 
in lieu of all compensation for services rendered necessary by this 
act, shall be entitled each to receive fifty cents on every certificate, 
and fifty cents on every patent hereafter issued by them ; and no 
revenue stamp need be affixed to such patents or certificates, any- 
thing in chapter 159 of the general laws of 1863 to the contrary 
notwithstanding. 

Section 23. The division and partition of the lands and funds 
provided for in this act shall be made and be in force from and after 
the first day of June next, and in all other respects this act shall 
be in force from and after its passage and publication. And it shall 



153 

be the duty of the commissioners of school and university lands to 
cause a sufficient number of copies of this act to be published from 
time to time, to furnish town clerks and the clerks of the boards of 
supervisors of the towns and counties, respectively, wherein any 
such swamp and overflowed lands are situated, with printed copies 
of this act ; and they shall forward by mail or otherwise, printed 
copies of this act to all such town clerks and clerks of boards of 
supervisors, respectively, as so.on as possible after the passage and 
publication of this act. 

Section 24.* For the parpose of more fully carrying out the 
provisions of this chapter, there shall be a board of nine regents, 
to be called the '• board of regents of normal schools." They shall 
be appointed by the governor, by and with the approval of the senate. 
The governor and superintendent of public instruction shall be ex- 
officio members of said board of regents. The governor shall have 
power to fill all vacancies which may occur by death, resignation or 
otherwise, until the next meeting of the legislature, or while the 
legislature ig not in session, but the appointments thus made shall 
be confirmed by the senate during the next succeeding session of 
the legislature. The term of office of all members of the board of 
regents hereafter to be appointed (except when such appointment is 
for an unexpired term), shall commence on the first day of Febru- 
ary, and shall continue for three years, and until others are appointed 
and confirmed as required by law. The board of regents shall be 
divided into three classes, so that the term of office of one class 
shall expire each year. As vacancies occur hereafter, appointments 
shall be made so that nofc more than two members of the board 
stall reside in any one congressional district. The officers of the 
board shall be a president, vice-president and secretary ; they shall 
severally hold their offices for the term of one year, and, until their 
successors are elected, and shall perform the duties incident to their 
several offices. The board of regents shall hold an annual meeting 
at the capital of the state, on the second Wednesday of July, in 
each year, or at such time as may hereafter be designated by said 
board. 

Section 25. A majority of the board of regents shall consti- 
tute a quorum for the transaction of business but a less number 
may adjourn from time to time. Special meetings of the board of 
regents may be called by the governor or president of said board, 
on a petition signed for that purpose by any three members of the 
board. At all special meetings of the board, two-thirds of all the 
regents shall be necessary to constitute a quorum. Any regent 
may be removed from office for cause, by a vote of two-thirds of the 
board. 

■Section 26. The board of regents and their successors in office, 
are hereby constituted a body corporate, with the name and style of 
" the board of regents of normal schools of the state of Wisconsin;" 
and under that name and style shall have perpetual succession, 

* Amended by chapter 29 of the general laws of 1870. 



154: 

with the right to purchase, have, hold, control, possess and enjoy to 
them and their successors in office, in trust for the state of Wiscon-. 
sin, for educational purposes solely, any lands, tenements, heredita- 
ments, goods, chattels and effects of whatsoever nature or descrip- 
tion the same may be, which may be necessary and required for the • 
legitimate purposes, objects and uses of the state normal schools 
authorized by this act, and none other, with full power to sell or 
dispose of sueu personal property, or any part thereof, when in their 
judgment it shall be for the interest of the state ; to make all such 
contract? and agreements as shall be necessary to carry into effect 
the purposes of this act ; to sue and be sued, plead and be im- 
pleaded in all courts of this state ; to have and use a common seal, 
and the same to change, alter or renew at pleasure ; to make such 
by-laws and regulations as they may deem proper for the well order- 
ing and government of said corporation, and the transaction of its 
business : provided, that said board of regents shall not have 
power to sell, mortgage or dispose of, in any way, any real estate 
so held by them as aforesaid, without the express authority of the 
legislature of this state, nor have power to borrow money ; nor 
shall the indebtedness contracted or liabilities incurred by said board 
of regents, ever at any time exceed in the aggregate the amount of 
mone}' which under the provisions of law shall then be at their dis- 
posal, in the hands of the state treasurer ; nor shall the said board 
of regents ever reduce the amount at their disposal, in the hands of 
the state treasurer, below the aggregate amount of their indebted- 
ness or liability, except in payment of such indebtedness or liability ; 
and provided, further, that the proceeds derived from the sale of 
any real or personal estate by said board of regents, shall be paid 
by them into the treasury, and shall become a part of the income of 
the normal school fund. 

Section 27. The said board of regents of normal schools shall 
have power and authority to demand and receive the sum or sums 
of money donated and subscribed by any persons, or any town, in- 
corporated village, city or county of this state, to aid in the erec- 
tion of the necessary buildings for normal schools, in such manner 
as said board may prescribe, and apply the same to the erection and 
completion of the required buildings, the purchase of the necessary 
books, apparatus, furniture and fixtures, and for the various other 
incidental expenses to be incurred by said board in pursuance of 
the provisions of this act ; and if any surplus shall remain, to 
apply the same to the expenses of conducting said normal schools, 
and any deficit which may arise in the erection and completion of 
said buildings and purchases aforesaid, shall be paid out of the 
income of the normal school fund, not to exceed the sum of fifteen 
thousand dollars for the completion of the buildings of any one 
normal school, and for furniture and fixtures pertaining to the same. 
Such money shall be paid by the state treasurer from time to time, 
on the warrant of the secretary of state, to be drawn in pursuance 
of the certificate of the secretary of the board, and countersigned 



155 

by the president, and such other evidence as the secretary of state 
shall require ; and no such certificate shall be issued until the sum 
or sums donated and subscribed by any person or town, incorpo- 
rated village, city or county, to aid in the erection of a normal 
school building, shall have been paid in full into the state treasury 
nor until work shall be done or services rendered, or buildings 
erected, o? fixtures or furniture purchased for a normal school, 
under the direction of the board of regents of normal schools, enti- 
tling the applicant to such certificate, according to a contract or 
agreement with said board for that purpose. No member of the 
board of normal regents shall shall receive any pay for traveling or 
attendance at any meeting of the board, but for any specific service 
rendered under the direction of the board, other than attending the 
meetings thereof, such compensation may be allowed any member as 
the board shall deem just and reasonable, and such compensation, 
and all moneys actually and necessarily expended by any member 
in traveling, attending meetings or performing any other duty* or 
service directed to be performed, shall be paid or refunded to him, 
on duly authenticated accounts presented to and audited by the 
board, and the amount thus audited shall be drawn from the state 
treasury only on the warrant of the secretary of state, in pursuance 
of the certificate of the board, signed by the president and secretary 
thereof. 

Section 28. State normal schools shall be established and con- 
tinued at such places as the board of regents of normal schools may 
designate, upon sites selected by said board, the exclusive purpose 
of which shall be the instruction and training of persons, both male 
and female, in the theory and art of teaching, and in all the various 
branches that pertain to a good common school education ; also, to 
give instruction in agriculture, chemistry, in the arts of husbandry, 
the mechanic arts, the fundamental laws of the United StaCes and 
this state, and in what regards the rights and duties of citizens. 

Section 29. The said normal schools shall be under the direc- 
tion and control of the " board of regents of normal schools," and 
shall be governed and supported as herein provided. Said board 
shall proceed to erect suitable buildings upon the sites selected by 
them, as soon as the title thereto is vested in them in fee, in trust 
as aforesaid, and the sums of money or United States bonds, or 
Wisconsin state bonds as security, donated and subscribed for the 
erection of the buildings, are paid into the state treasury, subject 
to be drawn only o/i the warrant of the secretary of state, as pro- 
vided in section twenty-seven of this aot ; and they may procure 
suitable plans and specifications for buildings, and may employ per- 
sons to superintend the erection of said buildings. 

Section 30. Said " board of regents of normal schools" shall 
have po^er to appoint a principal and assistant and such other 
teachers and officers as may be required for each "of said state 
normal schools, and to fix the salary of each person so employed 
and to prt scribe their several duties. They shall also have power 



156 

to remove either the principal, assistant, or teachers, or any person 
employed by them, and to appoint others in their stead. They 
shall prescribe the various books to be used in the said state nor- 
mal schools, and shall make all rules, regulations and by-laws 
necessary for the good government and management of the same ; 
fmd no member of the said " board of regents of normal schools," 
shall, during his continuance in office as member of said board, act 
as the agent of any publisher or publishers of school books or 
school library books, or be or become interested in the publication 
or sale of any such books, as agent or otherwise, on pain of 
expulsion by a majority vote of the board. The salaries of the 
teachers and officers appointed by the board -hall be paid at such 
times as the board shall determine, in the same manner that the 
expenses of members are paid. 

Section 31. Said board shall also establish a model school or 
school for practice, in connection with each state normal school, 
and* shall make all the regulations necessary to govern and support 
the same ; and they may in their discretion, admit pupils free of 
charge for tuition. 

Section 82. As soon as any state normal school is prepared to 
receive pupils, the superintendent of public instruction shall give 
notice of the fact to each clerk of the board of supervisors for eaeh 
county of the state, and the said board of regents of normal schools 
shall cause notice to be published in at least one newspaper in each 
congressional district. 

Section 33. The "board of regents of normal schools" shall, 
make such rules and regulations for the admission of students to 
each normal school as they may deem necessary and proper. Every 
applicant for admission shall undergo an examination in such man- 
ner as may be prescribed by the board ; and if it shall appear that f ,he 
applicant is not a person of good moral character, or that, he will 
not make an apt or good teacher, such application shall be rejected. 
The said board may, at their discretion, require any applicant for 
admission to any state ncrmal school, other than such as shall, prior 
to admission, sign" and file with said board a declaration of inten- 
tion to follow the business of teaching common schools in this state, 
to pay or secure to be paid, such fees for tuition as to said board 
may seem proper and reasonable. 

Section 34. After any state normal school shall have com- 
menced its first ter.u and at least once in each year thereafter, it 
shall be visited by three suitable persons, not members of the board, 
but to be appointed by the superintendent of public instruction, 
who shall examine thoroughly into the condition, organization and 
management of the school, and shall Report to the superintendent 
of public instruction their views in regard to its success and useful- 
ness, and any other matters they miy judge expedient. Such vis- 
itors shall be appointed annually, and their report shall bear date 
of the 31st day of August, and cover the year preceding such date. 
The secretary of state shall audit the accounts of the visitors; for 



157 

expenses actually incurred in examining tho normal schools on the 
certificate of the superintendent of public instruction, of their ap- 
pointment' to that service, and the sums allowed shall be paid by 
the state treasurer out of the normal school fund income. 

Section 35. The president of the board of regents of normal 
schools shall also make to the superintendent of public instruction, 
an annual report, bearing date of the 31st day of August, which 
shall contain a full and detailed account of the doings of said board, 
and of all their expenditures and of all moneys received; and the 
prospect, progress and condition of 'said state normal schools, and 
such report, together with the reports of the different boards of vis- 
itors, shall be transmitted to the legislature by* the superintendent 
of public instracticn, as a part of his annual report, and in addi- 
tion to what is now required by law. 

Section 36. The state treasurer shall, by virtue of his office, 
be the treasurer of the board of regents of normal schools, but the 
said board shall have power to appoint suitable persons to receive 
and pay to the state treasurer any tuition -fees or other moneys that 
may be due from any student or other person. 

Section 37. Lectures on chemistry, anatomy, physiology, as- 
tronomy, the mechanic arts, agriculture and on any other science 
or branch of literature that the said board may direct, may be de- 
livered to those attending said schools, in such manner and on such 
terms and conditions as the raid board may prescribe. 

Section 38. The said board shall have power to grant diplomas 
in testimony of scholarship and ability to teach, but no such diploma 
shall be granted to any person who has not passed a thorough and 
satisfactory examination in the course of study prescribed by the 
board of regents of normal schools. Certificates of attendance 
upon normal schools may be given on conditions to be fixed by said 
board. After any person has graduated at any state normal school, 
and has taught a public school in the state one year, the superin- 
tendent of public instruction shall have authority to countersign the 
diploma of such teacher, after such examination, as to moral char- 
acter, learning and ability to teach, as to the said superintendent 
may seem proper and reasonable. 

Section 39. Any person holding a diploma granted by the said 
board of regents of normal schools, certifying that the person hold- 
ing the same is a graduate of a state normal school, and that he is 
qualified to teach a common school, shall, after the same has been 
couaterslgned by the superintendent of public instruction, as pro- 
vided in section thirty-eight of this act, be deemed qualified, and 
such diploma shall be a certificate of qualification to teach in any 
common school of this state, and as such, shall have the full force 
and effect of a first grade certificate until annulled by the superin- 
tendent of public instruction. 

Section 40. The board of regents of normal schools are author- 
ized to use so much of the income of the normal school fund, not 
exceeding five thousand dollars per annum, as in their judgment may 



158 

be necessary to defray the expenses of conducting teachers' insti- 
tutes in different parts of the state ; and such amount as the board 
may from time to time expend for such object is hereby appropriated 
from said income, and shall be drawn from the state treasury m the 
same manner and under the same restrictions as money for the sup- 
port of state normal schools. 

Section 41. It shall be the duty of said board in the discharge 
of the duties imposed by this act, in providing for holding teachers' 
institutes, to give the preference to those sections of the state that 
receive least direct benefit from the state normal schools. 

Section 42. The said board, in order to carry out the object of 
this act, shall have -power to make such rules and regulations as 
they may deem proper, and may employ an agent who shall organize 
and conduct teachers' institutes, deliver educational addressss, and 
perform such other work as the board may require him to do in con- 
nection with the state normal schools, and who shall, if the said 
board choose, act as their secretary. The said board may also em- 
ploy other persons to aidin conducting teachers' institutes, but no 
person employed by said board in any position or capacity connected 
with normal schools or teachers' institutes, shall act as the agent of 
any author, bookseller or publisher. 

Section 43. The district board of any school-district are here- 
by authorized in their discretion to give to the teachers employed 
by them the whole or any part of the time spent by such teacher 
or teachers in attending any regular session or sessions of an insti- 
tute in the county embracing the school district or any part thereof, 
without deducting anything from his or their wages for the time -so 
spent : provided, such teacher or teachers shall furnish to the clerk 
of the district a certificate of regular attendance at such institute, 
signed by the person conducting the same ; and whenever the report 
of the district clerk shows that the district school has been sup- 
ported for the full term of five months required by law, including 
the time spent by the teacher or teachers iu their employ in attendance 
at such institute, and that the district board have given to the 
teacher or teachers the time of such absence, and have not deducted 
from his or their wages for the time so spent, such district shall be 
included in the annual apportionment of the income of the school 
funa : provided always, that such school-district shall have com- 
plied with the laws in all other respects, and is entitled to share in 
such apportionment. 

Section 44. It shall be the duty of the said board to co-oper- 
ate with the superintendent of public instruction, so far as practi- 
cable, in holding and conducting teachers' institutes, as provided for 
by this act. 

Section 45. All other acts and amendments thereto, shall be 
so construed as to enable the said board to carry out the pro- 
visions of this act, and all acts or parts ot acts conflicting with this 
act are hereby repealed. 



159 

Chapter 109— General Laws of 1870. 
FURNISHING THE NORMAL SCHOOL BUILDING AT OSHK.OSH. 

Section 1. In addition to the money now provided and limited 
by law, there may be used by the board of regents of normal 
schools out of the income of the normal school fund, for the pur- 
pose of completing and properly furnishing the normal school build- 
ing at Oshkosh, a sum not to exceed ten thousand dollars. 

Chapter 49 — General Laws of 1870. 

TO PROVIDE FOR A COURSE OF INSTRUCTION IN THE STATE NORMAL 
SCHOOLS FOR CERTAIN PUPILS OF THE SOLDIERS' ORPHANS' 
HOME. 

Section 1. The board of trustees of the Soldiers' Orphans' 
Home are hereby authorized and empowered to select from the most 
proficient and best qualified pupils of said home annually a number, 
not exceeding six, and to place such pupils in one of the state 
normal schools, and maintain them there at the expense of the 
state, while such pupils are pursuing a course of instruction for the 
purpose of qualifying them as teachers of common schools i pro*- 
vided, that the expense of so maintaining them shall not exceed two 
hundred dollars in full for board, clothing and books, per annum for 
each pupil, and that no one pupil shall be so maintained for more 
than two years. 

Section 2. Those to be placed in the normal schools for such 
course of instruction shall be selected from the pupils of the home 
in the following manner, to wit : At the request of the board of 
trustees of said home, the state superintendent of public instruc- 
tion shall annually examine all pupils in the home who are at the 
time of such examination fifteen years of age or more, in regard to 
their scholarship and other qualifications necessary for successful 
teachers of common schools, and shall designate by name all those 
so examined who, in his opinion, are qualified to enter upon the 
course of instruction herein provided for, and who will, in his opin- 
ion, by such course of instruction, become successful teachers of 
common schools ; and from the number so designated by such super- 
intendent, the said board of trustees shall select those to be placed 
in normal schoolb ; and in making such selection from year to year, 
they shall distribute the benefits of this act equally, as far as prac- 
ticable, among the representatives in said home, of the several con- 
gressional districts of the state. 

Section 3. The board of trustees of said Home shall include 
in their annual report for each year a detailed statement of their 
doings under authority of this act, and an itemized account of all 
expenses incurred, and shall also deposit vouchers with the state 
treasurer for all moneys expended in carrying out the provisions of 
this act. 



160 

Section 4. There is hereby annually appropriated to the board 
of trustees of the soldiers' orphans' home of Wisconsin, from any 
money in the state treasury belonging to the general fund, not oth- 
erwise appropriated, a sum sufficient to carry into effect the provis- 
ions of this act. 



UNIVERSITY OF WISCONSIN. 



Chapter 21 — Revised Statutes. 

Section 1. There shall be established in this state, at or near 
the village of Madison, in the county Dane, an institution of 
learning under the name and style of " the university of Wiscon- 
sin." 

Section 13. The regents are authorized to expend such portion 
of the income of the university fund as they may deem expedient, 
for the erection of suitable buildings, and the purchase of appara- 
tus, a library, and a cabinet of natural history. 

Section 16. The regents, if they shall deem it expedient, may 
receive into connection with the university any college in this state, 
upon application of its board of trustees, and such college so re- 
ceived shall become a branch of the university and be subject to the 
visitation of the regents. 

Section 17. No religious tenets or opinions shall be required 
to entitle any person to be admitted as a student in said university, 
and no such tenets or opinions shall be required as a qualification 
for any person, tutor, or teacher of said university, and no student 
of said university shall be required to attend religious worship in 
any particular denomination. 

Chapter 114 — General Laws of 1866. 
10 REORGANIZE AND ENLARGE THE UNIVERSITY OF WISCONSIN. 

Section 1.* The object of the university of Wisconsin shall be 
to provide the means of acquiring a thorough knowledge ot the 
various branches of learning connected with the scientific, industrial 
and professional pursuits ; and to this end it shall consist of the 
following colleges or departments, to-wit. : 1st. The college or de- 
partment of arts. 2d. The college or department of letters. 3d. 
Such professional and other colleges or departments as from time 
to time may be added thereto or connected therewith. 

Section 2. The college of arts shall embrace courses of instruc- 
tion in the mathematical, physical and natural sciences, with their 

* As amended by chapter 87, general laws of 1869. 
11— SCH. CODE. 



162 

applications to the industrial arts, such as agriculture, mechanics 
and engineering, mining and metallurgy, manufactures, architecture 
and commerce ; in such branches included in the college of letters, 
as shall be necessary to a proper fitness of the pupils in the scien- 
tific and practical courses for their chosen pursuits, and in military 
tactics ; and as soon as the income of the university will allow, in 
such order as the wants of the public shall seem to require, the said 
courses in the sciences and their application to the practical arts, 
shall be expanded into distinct colleges of the university, each with 
its own faculty and appropriate title. 

Section 3. The college of letters shall be co-existent with the 
college of arts, and shall embrace a liberal course of instruction in 
language, literature and philosophy, together with such courses or 
parts of courses in the college of arts, as the authorities of the 
university shall prescribe. 

Section 4.* The university shall be open to femalo as well as 
male students, under such regulations and restrictions as the board 
of regents may deem proper, and all able-bodied male students of 
the university, in whatever college, shall receive instruction and dis- 
cipline in military tactics, the requisite arms for which shall be 
furnished by the state. 

Section 5.f The government of the university shall vest in a 
board of regents to consist of thirteen (13) members, two (2) to 
be appointed by the governor from each congressional district of the 
state, as the districts are now constituted ; and the state superin- 
tendent of public instruction, who shall be an ex-officio member of 
the board : provided, that the. present members appointed from the 
state at large shall continue in office until the expiration of their 
respective terms. 

Section 6. The said board of regents shall succeed to the cus- 
tody of the books, records, buildings and all other property of the 
university ; and the present board of regents shall be dissolved 
immediately upon the organization of the board herein provided for: 
provided, that all contracts legally made, and at that time binding 
upon the board thus dissolved, shall be assumed and discharged by 
their successors. 

Section 7. The regents and their successors in office shall con- 
stitute a body corporate, with the name and style of " the Regents 
of the University of Wisconsin," with the rights, as such, of suing 
and being sued, of contracting and being contracted with, of making 
and using a common seal and altering the same at pleasure. They 
shall have power and it shall be their duty, to enact hiws for the 
government of the university, in all its branches ; to elect a presi- 
dent of the university, and the requisite number of professors, in- 
structors, officers and employes, and to fix their salaries, also the 
term of office of each, and to determine the moral and educational 
qualifications of applicants for admission to the various courses of 

* See chapter 117, general laws of 1867. 

+ Amended by chapter 80, general laws 1870. 



163 

instruction : 'provided, that no instruction, either sectarian ia reli- 
gion, or partisan in politics, shall ever be allowed in any department 
of the university, and no sectarian or partisan test shall ever be al- 
lowed or exercised in the appointment of regents or in the election 
of professors, teachers or other officers of the university, or in the 
admissien of students thereto, or for any purpose whatever. 

Section 8. For the time being, an admission fee and rates of 
tuition, such as the board of regents shall deem expedient, may be 
required of each pupil, except as hereinafter provided ; and as soon 
as the income of the university will permit, admission and tuition 
shall be free to all residents of the state ; and it shall be the duty 
of the regents, according to population, to so apportion the repre- 
sentation of students, that ail portions of the state shall enjoy equal 
privileges therein. 

Section 9. One suitably qualified pupil from each assembly 
district, to be nominated* by the representative of such district, in 
the legislature of the state, who, other things being equal, shall 
prefer an orphan of a soldier who has died in defense of his country, 
shall be at once ana always entitled to free tuition in all the col- 
leges of the university. 

Section 10.* The president of the university shall be president 
of the several faculties, and the executive head of the institution, 
in all its departments. As such he shall have . authority, subject 
to the board of regents, to give general direction to the practical af- 
fairs and scientific investigations of the several colleges, and in the 
recess of the board of regents, to remove any employe or subordi- 
nate officer, not a member of the faculty, and to supply for the time 
any vacancies thus created ; and so long as the interests of the in- 
stitution require it, he shall be charged with the duties of one of the 
professorships. The secretary of the board of regents shall keep a 
faithful record of all the transactions of the board of regents, and 
perform such duties as they shall impose. The state treasurer shall 
be the treasurer of the board of regents, and perform all the duties 
of such office. 

Section 11. The immediate government of the several colleges 
shall be intrusted to their respective faculties ; but the regents 
shall have power to regulate the courses of instruction, and pre- 
scribe the authorities to be used in the several courses, and also to 
confer such degrees and grant such diplomas as are usual in univer- 
sities, or as they shall deem appropriate. 

Section 12. At the close of each fiscal year the regents through 
their president, shall make a report in detail to the governor, ex- 
hibiting the progress, condition and wants of each of the colleges 
embraced in the university,, the course of study in each, the num- 
ber of professors and students, the amount of receipts and disburse- 
ments, together with the nature, cost and results of all important 
investigations and experiments, and such other information as they 
may deem important ; one copy of which shall be transmitted, free, 

* Amended by chapter 13, general laws of 1869. 



164 

by the secretary of state to all colleges endowed under the pro- 
visions of the congressional act of July 2d, 1S62, hereinbefore 
[hereinafter] referred to, and also one copy to the secretary of the 
interior, as provided in this act. 

Section 13* For the support and endowment of the university 
there are hereby appropriatd : first, the income of the university 
fund ; second, the income of a fund derived from the sales of the two 
hundred and forty thousand acres of land granted by congress to the 
state of Wisconsin by virtue of an act approved July 2, 1862, en- 
titled " an act donating land to the several states and territories, 
which provide colleges fer the benefit of agriculture and the 
mechanic arts," which fund shall be designated " the agricultural 
college fuud ;" third, all such contributions to the endowment 
fund as o ay be derived from public or private bounty. The entire 
income of all said funds shall be placed at the disposal of the board 
of regents, by transfer to the treasurer of said board, thenceforth 
to be distinct and independent of the accounts of the state, and 
for the support of the aforesaid colleges or departments of arts, of 
letters, and such other colleges and departments as shall be estab- 
lished in the university or connected therewith : provided, that all 
means derivable from either public or private bounty shall be ex- 
clusively devoted to the specific objects for which they shall have 
been designed by the grantor. 

Section 14. Meetings of the board may be called in such man- 
ner as the regents shall determine, a majority of whom shall con- 
stitue a quorum for the transaction of business, but a less number 
may adjourn from time to time. No member of the board shall re- 
ceive compensation for his services as such member, but each mem- 
ber shall be entitled to reimbursement, on the audit of the board, 
for his traveling and other necessary expenses while employed on 
the business of the board. 

Section 15. The first meeting of the regents, the appointment 
of which is herein provided for, shall be held in the university edi- 
fice, on the last Wednesday of June, 1866, at which time the 
regents when so convened, shall elect one of their number president 
of the board. The time for the annual election of president of 
the board of regents, as also the regular annual meeting, and 
such other meetings as may be required, shall be determined in the 
by-laws of the board. Immediately unpon the organization of the 
bo ard, it shall be their duty to make arrangements for securing, 
without expense to the state, or to the funds of the university, 
suitable lands, in the immediate vicinity of the university, not less 
than two hundred acres, including the university grouuds, for an 
experimental farm ; and as early as possible thereafter, to make 
such improvements thereon as will render it available for experi- 
mental and instructional purposes, in connection with the agricul- 
tural course in the college of arts. 

* Amended by chapter 80, generallaws of 1870. 



165 

Section 16. To enable the board of regents to purchase lands in 
the vicinity of the university for an experimental farm, and to im- 
prove the same, the board of supervisors of Dane county are hereby 
authorized and empowered to issue the bonds of said county, bear- 
ing interest at the rate - of seven per cent, per annum, interest 
payable annually, for the amount of forty thousand dollars, such 
bonds to be payable on or before the first day of January, A. D. 
1886, at such place as may be determined by said board of super- 
visors. The bonds so issued shall be delivered to the board of re- 
gents of the university, who shall faithfully apply the same, or the 
proceeds thereof, together with all contiibutions made for this spe- 
cific purpose, to the purchase and improvement of the lands for such 
experimental farm. But if the said county of Dane, by its proper 
officers, shall not make provision for the issue and delivery of said 
bonds as aforesaid within thirty days after the passage of this act, 
and if in such case the citizens of said county shall fail within thirty 
days after the expiration of said first mentioned period of thirty 
days, to furnish guarantees satisfactory to the secretary of state, 
that the said amount of forty thousand dollars shall be placed at 
the disposal of the regents of toe university at the first meeting of 
the board, then this ace shall be null and void. 

Section 17- So much and su^h parts of chapter twenty-one of 
the revised statutes, and of any and all acts, as contravene the pro- 
visions of this act, are hereby repealed. 

Chapter 32 — General Laws of 1865. 
PAYMENT OF MILEAGE TO THE REGENTS OF THE UNIVERSITY. 

Section 1.* The regents of the university of Wisconsin shall 
each receive the actual amount of his expenses in traveling to and 
attendance upon all meetings of the board, or incurred in the per- 
formance of any duty in pursuance of any direction of the board. 
Accounts for such expenses, duly authenticated, shall be audited 
by the board, and shall be paid on the order of said board, with 
the warrant thereon of the secretary of state ; and no regent shall 
receive any pay, mileage or per diem, except as above prescribed. 

Section 2. There is hereby appropriated out of any money in 
the state treasury belonging to the university fund income, not oth- 
erwise appropriated, a sufficient sum to pay the mileage to regents 
of the university, as provided by section one of this act. 

Section 3. Certificates of the amount of mileage due each of 
said regents, in pursuance of the provisions of this act, shall be 
made, signed and attested by ttie president and secretary of the 
board of regents of said university, and upon presentation to him 
of such certificates, the secretary of state shall draw his warrant 
upon the state treasurer for the amount thus certified, who shall 
upon such warrant pay the amount out of any money in the state 
treasury belonging to the university fund income. 
*See chapter 107, general laws of 1866. 



Chapter 82 — General laws of 1867. 
TO APPROPRIATE FOR A TERM OF YEARS, A CERTAIN SUM OP MONET. 

Section 1. There shall be levied and collected for the year 
1867, and annually thereafter for the next ten years, a state tax of 
seven thousand, three hundred and three dollais and seventy six 
cents, and the amount so levied and collected is hereby appropriated 
to the university fund income, to be used as a part thereof. 

Section 2. The secretary of state shall apportion said tax an- 
nually among the several counties of this state, as other state taxes 
are apportioned by law, and the same shall be levied, collected and 
paid into the treasury in the same manner as other state taxes. 

Chapter 54 — General Laws 18*70. 

TO BOILD AN ADDITIONAL UNIVERSITY BUILDING. 

Section 1. To enable the regents of the University of Wis- 
consin to build an additional university edifice, to be located as 
near the present university buildings as the board of regents may 
deem expedient, there is hereby appropriated for such purpose, tbe 
sum of fifty thousand dollars, ten thousand thereof to be paid from 
tbe state treasury on the first day of May, 1870, and the remaining 
forty thousand dollars on the first day ot May, 1871, and the state 
treasurer is hereby directed to set apart from the general fund in the 
treasury of the state at the time aforesaid, the said amounts, and 
to hold the same thereafter, as treasurer of the regents of the Uni- 
versity. 

Section 2. The regents of the University of Wisconsin are 
authorized to proceed to the erection of such additional edifice at 
such time and after such plan as they may deem expedient, and the 
treasurer of such board is authorized to pay out the moneys appro- 
priated by section one of this bill, [act,] as the same may be re- 
quired for such purpose, and upon such vouchers as the board of 
regents may by instruction direct : provided, this act shall be so con- 
strued as to limit the liability of the state on account of the erec- 
tion of such additional university edifice to the said amount of fif- 
ty thousand dollars. 



APPENDIX. 



SCHOOL-HOUSE PLANS. 



. The following plans have been prepared with special refer- 
ence to the wants of school-districts, and present, it is believed, 
models for convenient and economical buildings, such as are 
required in a great majority of the towns of this state. The 
descriptions accompanying the plans are sufficiently minute to 
enable any one to understand them. 

No. 1. 

This plan is designed to accommodate sixty pupils, which is 
as large a number as should ever be confided to the care of a 
single teacher. It is drawn on a scale of 10 feet to an inch, 
and is 26 by 36 feet inside. Adding the thickness of the 
walls, if built of wood, the house will be about 27 by 37 feet 
on the outside ; if built of brick or stone, 29 by 39 feet. In 
the rear is a wood-house "A.," 12 by 16 feet in size, with 
privies in its rear. A high, tight board fence should extend 
from the center of the rear end of the school-house to the 
wood-house. 

The different parts of the school-house, internally, are repre- 
sented as follows : 



B. 


Teacher's platform. 






G. 


Visitors' seat. 


C. 


" table. 






H. 


Stove. 


D. 


Recitation seat. 






I. 


Wood-box. 


E. 


Pupil's desk. 






K. 


Boys' entry. 


F. 


" seat. 






L. 


Girls' entry. 




M.- 


Front 


steps. 







170 



j] 1 


... K.I | 




- *».u 


1 
A 1 








No. 1. 



171 

The school-room is divided into parts lengthwise as follows : 
teacher's platform 5 feet wide ; space between platform and 
desks, 4 feet ; seven desks and seats — each desk and seat oc- 
cupying 30 inches, of space — 14 feet 6 inches ; space between 
rear desk and partition, 8 feet ; partition and entries, 6 feet 6 
inches ; making in all 36 feet. 

The width is divided as follows : outside aisles, each 3 feet ; 
inner aisles, each 2 feet ; four rows of seats and desks, each 
3 1-2 feet long, making 27 feet. 

In the outer aisles, against the walls are seats for visitors, 
one foot wide, which will be found very convenient when 
parents and others visit the school. The wood box, " I," is a 
permanent structure in a corner of the boys' entry, and con- 
nects with the school-room by a small door in the partition, 
or it may be made to project into the room one foot, the pro- 
jecting part being covered with a hinged lid, as is also the box 
itself, within the entry. By arranging the wood box in this 
manner, space is saved in the school-room, and no noise or 
litter is made in bringing in the wood. 

The heighth of the room should be twelve feet at the least — 
fourteen would be better. 

The stove, " H," is placed in the center of the room, near 
the entry partition, and a pipe leads to a chimney in the end 
of the building, back of the teacher's platform. By this 
arrangement, children can warm themselves before going to 
their seats, without passing in front 'of any pupil already 
seated ; the cold air entering at the doors is warmed before it 
spreads through the room ; and all the heat engendered in the 
stove is saved. 

There are four windows on each side of the house, six for 
lighting the school-room and two for the entries. 

The rear end is a dead wall, and a permanent blackboard i 
four and a half feet wide, should be made in or on the wall 
from the rear window on one side to the same window on the 
other. The lower edge of the blackboard should not be more 



172 

than two feet six inches from the floor. The space between 
the windows should also be covered with blackboard, of the 
same width as that on the end wall. The space beneath the 
windows should be wainscoted with narrow stuff, three feet 
long, matched and beaded, and put on perpendicularly. A 
ventilating shaft or tube, fourteen inches wide by four inches 
thick, make of heavy tin, should be inserted in the end wall 
beside the chimney, With which it should connect by an arm 
, at the upper end. It should extend from floor to ceiling, and 
there should be an opening into the tube from the school-room 
near each end, which should be covered with rolling blind 
slats. To let the heated air and lighter gases escape, open the 
upper aperture ; to drive out cold air and the heavier gases, 
open the lower one. 

The teacher's platform should be elevated six or eight inches 
above the rest of the school-room floor. Many teachers prefer 
not to have a platform, as they can arrange classes for recita- 
tion and blackboard exercises better on an unbroken floor. 

No. 2. 

This plan is of the same size as No. 1, and differs from it in 
two respects only : The teachers platform is in the front end 
of the school-room between the entrance doors ; and the wood 
house adjoins the school-house in the rear, thus bringing the 
wood near the stove, which is placed at the end of the room 
opposite the teacher's platform, near a door opening into the 
school-room from the wood house. In all other respects the 
internal arrangements are the same as in plan No. 1. 



173 





No. -2. 



174 




A 





H 




No. 3. 

This house is intended for districts in which the number of 
children is so large as to require, for a part, if not all of the 
time, the services of two teachers. 

The internal arrangements are the same as in No. 1, except 
that there are five rows of seats, eight in a row, thus accom- 
modating eighty pupils. The main school-room " A " is 31 
feet 6 inches, by 32 feet. The recitation room " B " is 11 feet 
6 inches by 18 feet; and the entries each 6 feet by 11 feet 6 



175 

inches. The teacher's platform is 5 feet wide. The recitation 
room can also be used as a library and apparatus room. 

With a house' like this, and a proper classification of pupils, 
some of the advantages of a graded school may be secured. 




No. 4— Figure 1. 

This is the ground plan for a two story building, capable of 
accommodating sixty pupils on each floor. There are two 
front doors, one for each sex, opening into entries or halls " B," 
in which are stairways leading to the second floor. The school 
room " A " is of the same size as No. 1, and is to be arranged 
in exactly the same manner. 



176 



■lUMMUIIUlUIIIIW^llWIIJ^ 



A. 




■ 



No. 4 — Figure 2, 

Is the second floor plan, having a school room "A" and 
two smaller rooms "B," one for the girls' cloak room, and the 
other for a recitation, library or apparatus room. The school 
room is of the same size and is to be seated, etc. like the one 
on the lower floor. With this building a school may be di- 
vided into two grades, and by using one of the upper rooms 
" B ' as a recitation room, in which an assistant teacher can 
hear and conduct the recitations of the most advanced classes 
from the lower room, and of those least advanced in the upper 
one, three grades may be maintained. 



177 










1 


























ED 





No, 5— Figure 1. 



1&~-Sch, Cods, 



1ft 

No. 5. — Figure 1. 

This is a plan of a house for a school of three departments, 
and by using a recitation room, four grades may be main- 
tained. 

Figure one is the ground floor, 38 by 52 feet in size, inside ; 
and is divided into two main school-rooms, with the necessary 
halls, etc. The front room will seat 64 pupils, and it is in- 
tended for a primary department ; the rear room will seat 76, 
and is intended for an intermediate grade of scholars. 

The different parts of the plan, in both rooms, are repre- 
sented as follows : 



A. 


Teacher's platform. 






F, 


Stove. 


B. 


" table or de 


sk, 




G. 


Visitors' seats. 


C. 


Recitation seats. 






H. 


Halls. 


D. 


Pupils' desk. 






I. 


Wood-box. 


E. 


" seat. 






K. 


Stairs. 




L. 


Front 


steps 







The seats and desks are 3 1-2 feet long. The outside aisles 
in the intermediate department are 3 feet wide — the others 2 
feet. In the primary they are all two feet wide. 

The teacher's platform is 6 feet wide in the intermediate 
room, and 5 in the primary. 

The halls leading from the front doors to the primary room, 
and from which the stairs ascend to the second floor, are 4 
feet wide and 14 feet long. Those in the esnter of the build- 
ing opening into the intermediate de|>artment are 5 by 10 feet 
in size. The wood-box, " I," is constructed as described in 
No 1. 



179 




No. 5— Figure 2. 



180 

No. 6 — Figure 2. 

Figure 2, No. 5, represents the 2d floor of the building, con- 
taining a large school-room for a grammar department, 38 feet 
square, and two smaller rooms: "A," a recitation room, 10 1-2 
by 20 1-2 feet in size, and " E," a library, apparatus and cloak 
room, 10 1-2 by 17 1-2 feet. 

The length of seats, width of aisles, teacher's platform, etc. 
are the same as in the intermediate department. A visitors 
seat extends from the entrance doors at the head of the stairs, 
on each side of the room to the teacher's platform, thus seating 
more than fifty people without disturbing a pupil. The stove 
is placed near the head of the stairs, from which a pipe leads 
to a chimney in the rear of the room, back of the teacher's 
platform. All the stove pipes in the lower rooms lead to the 
same chimney. Ventilating shafts or flues, similar to those 
described in No. 1, should be placed by the side of the chim- 
ney in the upper and lower school-rooms. Blackboards should 
be constructed as in No. 1. 

This plan, like those that piecede it, is on a scale of 10 feet 
to an inch. 

No. 6 — Figure 1. 

This represents a building designed for six or seven depart- 
ments, or grades. It is 54 by 76 feet inside — and the plans are 
drawn upon a scale of 16 feet to an inch. 

Figure 1, is the ground floor, and contains four rooms, each 
26 by 36 feet in size, and capable of seating 68 pupils. A 
hall 10 feet wide extends through the center of the building, 
from which the school-rooms are entered, as shown in the cut. 
Each room is seated in the same manner as the one in which 
the seats and desks are represented, and where 

A. Stands for teacher's platform. D. Stove. 

B. " " " table, E. Seat and desk 

C. .Recitation seat, P» Visitor's se»t~ 



181 




No. 6— Figure 1. 



182 
No. 6— Figure 2. 

Figure 2 is the second floor, which contains two rooms of 
the same size of those below, one larger school-room and two 
small rooms, " Gr " and " H," " Gr " being the teachers' closet, 
and "H" the library. 

The large room will seat 136 scholars, and is arranged as 
follows : 

A. Teacher's platform. C. Recitation seats. 

B. " table. D. Stove. 

E. Desk and seat. 

If one of the smaller school-rooms on this floor is used as a 
recitation room, there can then be six distinct departments in 
the building, which may be graded and namec^ thus : on the 
lower floor, first and second primary, and first and second in- 
termediate ; on the second floor in one of the smaller rooms, 
the junior grammar ; in the larger room the senior grammar 
and high school* A still better arrangement so far as grada- 
tion is concerned, would be had by dividing the upper floor 
into four rooms, the same as the the lower, using one room for 
librar}', apparatus, etc., and making three distinct grades, in 
separate rooms, namely : junior grammar, senior grammar and 
high school, thus giving to each teacher the entire control and 
management of his own pupils. The objection to this ar- 
rangement is, that it leaves no large room for general 
exercises, exhibitions etc. ; but this defect may be remedied in 
two ways ; first by making the building three stories high in- 
stead of two, and using the upper story for a gymnasium, 
lecture room, etc., and second, by holding exhibitions in some 
church or public hall instead of in the school-house. • 

The separate room system is rapidly superseding the old 
plan of large school-rooms, with recitation -rooms attached, and 
it finds favor with our best teachers and educators. 



\ 



■j; 



a 





















s 





41 



c 




G 



No. 6— Figure 2. 



184 

A house built after any of the foregoing plans may be in- 
creased or diminished in size by remembering that each seat 
and desk requires 2 1-2 feet space in width, and 3 1-2 in 
length, and as the inner aisles are 2 feet wide, each row of 
seats requires 5 1-2 feet space. Thus, by leaving out one row 
of seats and desks the building may be 5 1-2 feet narrower 
than the plan; and adding one row, it must be that much 
wider than the plan. «So one tier of seats and desks being left 
out or added, will diminish or increase the length of the build- 
ing 2 1-2 feet. 

The plans are all made for double seats and desks, that is, 
those that will seat two pupils. If single desks and seats are 
used, the rooms must be considerably larger in order to ac- 
commodate the same number of scholars. 

School-districts and boards designing to erect school-houses 
are earnestly advised, after deciding upon the plan for the in- 
side of their buildings, to engage the services of a competent 
architect, to furnish elevations, and specifications suitable for 
the plan selectea. Of course the internal arrangement is the 
most important, but a small amount of money, judiciously 
expended in procuring suitable elevations- and plans for the 
outside of a school-house, will return a large percentage of 
profit in making the building attractive, and in developing 
good taste, and a love for the beautiful in parents and pupils. 




HIGH SCHOOL BUILDING, BERLIN. 
{G. P. Randall, Architect, Chicago.) 




HIGH SCHOOL BUILDING, BELOIT. 
(J. C. Cochran, Architect, Chicago.) 




HIGH SCHOOL BUILDING, OSHKOSH. 



SCHOOL BUILDINGS. 



The engravings immediately preceding this page, represent 
the Second Ward School Building in Madison, and the High 
School Buildings of Berlin, Beloit and Oshkosh, Brief de- 
scriptions of these fine edifices, except that in Berlin, are 
given below. 

SECOND WARD SCHOOL BUILDING, MADISON. 

The grounds have a front of 165 feet on Gorham street, and 
a depth of about 265 feet to Lake Mendota, upon which it has 
a border of about 165 feet. This site, which contains one 
acre, is well supplied with native forest trees, and cost $1,650. 

The building is 61 feet front by 42 feet deep, with vestibule 
projection of five by twenty feet in front, and 11 by 26 feet in 
rear. 

The basement walls are of stone, laid upon a concrete foun- 
dation, composed of broken stone and cement — are 8 feet high. 
The rooms are well lighted, and floored with brick laid in 
cement, upon concrete of gravel and cement, and afford ample 
room for furnaces and fuel, as well as play room for pupils in 
stormy weather. 

The building above the basement is constructed of Edgerton 
brick, with limestone trimmings. It is two stories high, with 
four gables, and a bell tower rising from the centre to the 
height of about 60 feet from the ground, in which is hung a 
600 pound bell. 

There are four school rooms, each 26 by 34 feet, and 13 feet 
high, capable of furnishing seats for 64 to 72 pupils, with 
ample wardrobe closets. 



186 

The exterior woodwork is painted and sanded. The in- 
terior is grained to represent oak. The rooms are warmed by 
Littlefield's hot air furnaces, and are each furnished with two 
ventilating flues, with iron fan registers, which, with the con- 
veniences for opening windows from top and bottom, it is be- 
lieved will insure complete ventilation. 

A small room 10 by 12 feet, on the second floor, may be 
used as a reception room, or for recitations, or as teachers' 
private room. 

The water from the roof of the whole building is conducted 
to a cistern under the basement of the rear vestibule, which 
has a capacity of about 250 barrels. 

The water closets, 18 by 26 feet, are in the rear of the rear 
vestibule, and so constructed as to form part of the building. 
By means of the cistern the vaults can be frequently washed 
and the contents sluiced into a cesspool some 150 feet distant 
A ventilating shaft, extending from the vaults to the top of 
the smoke-stack, affords an escape for gasses and foul air. 

The building was erected by contract with W. T. Fish, Esq., 
by whom the mason work was done ; the carpenter work by 
Messrs. Sorenson & Frederickson ; the plastering by Messrs. E. 
Sharp & Co. ; the tin work and heating apparatus by Messrs. 
Lewis & Allen, and the painting by Messrs. Pollard & Kelson. 
The whole work was under the general superintendence of L. 
P. Drake, Esq., and cost $16,000. The architect was G. P. 
Randall, of Chicago. 

This building, like that in the Fourth Ward, is believed to 
be one of the best arranged school houses in the state. 

BELOIT HIGH SCHOOL BUILDING. 

The edifice occupies a commanding position on a high plat 
of ground on the west side of Rock river. The lot contains 
about six acres, admirably located, and when it shall be im- 
proved by the laying out and building of walks, the planting 
of trees and ornamental shrubbery it will become one of the 



187 

most delightful places of resort in the city. The east view 
from the grounds, takes in the greater part of the city east of 
the river, and the prospect from the cupola of the building, 
commands a range of country for many miles around, present- 
ing a scene of grandeur unsurpassed, any where in the valley 
of the Eock river. 

The size of the building is 57 by 65 feet, with three pro- 
jections — one on the north, one on the east and one on the 
south. The building fronts north on Bridge street. The walls 
are constructed of Milwaukee brick, three stories above the 
basement. The style of architecture, is that known as the 
Elizabethan. The basement is divided into four large rooms, 
which are used chiefly for furnaces, coal, and storage generally. 
There are five furnaces in the basement, and their capacity for 
heating the whole building comfortably, was fully tested dur- 
ing the cold weather last winter. 

The first story is divided into four rooms ; two of which 
are 22 by 24, and two 20 by 25 feet. A hall 14 feet wide 
run j through the center, on each side of which is a flight of 
stairs, leading to the main room above. The rooms in the first 
story are 14 feet high in the clear, and are seated partly with 
double and partly with single seats. On this floor is also the 
room for the Principal — 12 by 18 feet; it has a double win- 
dow on the east, commanding a fine view of Eock river and 
the city be3 r ond. This room is designed to be furnished with 
carpet, chairs, table, book cases and other conveniences. 

The second story is the High School room proper. This 
room is 50 by 56 feet, and 18 feet high. It is seated with 
single chairs of a late pattern. On the same floor of this room 
are two commodious cloak rooms, and an apparatus room. 
The High School room, for elegance of finish, will compare 
with any Hall in the state. The frescoing is executed in fine 
taste, and the painting admirably done. This part of the work 
was executed by William Eussell & Son. 

The third story is the Assembly room ; it is in size 54 by 67 
feet and 16 feet high. This room is handsomely finished, and 



188 

affords accommodation for large audiences on public occasions. 
The ventilation of all the rooms in the building, is amply pro- 
vided for in accordance with modern improvements. 

The building is finished with a Mansard roof, which gives a 
pleasing effect to the exterior. It is surmounted with a hand- 
some cupola, or bell tower, in which has just been suspended 
a new and good toned bell. 

The architect and designer of the edifice, is Mr. J. C. Co- 
chran of Chicago. The contractors and builders are Messrs. 
Vail & Folant of Beloit. Tbe character of the work, of these 
mechanics and builders, will bear the closest inspection, and 
entitles them to the patronage of all such as contemplate the 
erection of public or private buildings. 

Tbe cost of the High School building, including fixtures 
and lot, is about $33,000. 

OSHKOSH HIGH SCHOOL BUILDING. 

The building cost, including furniture, $63,000. It is four 
stories high and built of best cream brick. The basement is 
divided into janitors' rooms, furnace-rooms and a large play- 
room, designed in time to be used as a gymnasium. 

The first floor above is divided into rooms for classes " A" 
and "B," Grammar Department, each room seating 132 pu- 
pils, and having a recitation room and cloak room attached. 

The next floor is occupied by the High School room proper, 
with suitable recitation rooms attached. This room seats 238 
pupils. 

The size of the building upon the ground is 70 by 80 feet. 

The area of ground is about two acres, located in the centre 
of the city. 

This edifice takes the lead thus far of the school buildings 
of the state, and is a fine specimen of architecture, an orna- 
ment to the city and a credit to the enterprise and intelligence 
of its citizens. 



FORMS FOR USE OF OFFICERS. 



No. 1, 

Form of order organizing a rrew school-district, to be filed with the town clerk. 

It is hereby ordered and determined that [here describe the ter- 
ritory to be comprised in the district, by sections and parts of 
sections'] shall hereafter constitute a school-d^trict, to be known 
as school district No. — of the town of — ■■ — . 

Giyen under our hands this day of 18 — . 

A B. ) Supervisors 
C. D. > of the town 
E. F. ) of -. 



No. 2. 

Form of order organizing ajoint school-district. 

It is hereby ordered and determined that [here describe the ter- 
ritory by sections and parts of sections] shall hereafter constitute 
a school-district, to be known as Joint School District No. — • of 

the towns of [here insert the names of all the towns in which 

any portion of the district, is situated.] 

Given under our hands this — — - day of — — A. D IP—. 

A. B. ) Supervisors 
G. D > of the town 

E. P J of -. 

Gr. H. \ Supervisors 
I. J. > of the town 
K. L. ) of . 

Note.— The 1 above order must Be signed by at least two supervisors from each town 
affected by it, and it must be filed with ihe town clerk of each town. 



No. 3. 

Form of notice for the first meeting of a school-district^ to be delivered by the town 
supervisors to a taxable inhabitant ol ine d. strict. 

Having, on the — day cf , 18 — , formed a new school- 
district, to be known as school district No. =>— of the town of 

[or joint school-district No, ™ of the towns of — — and »-■-■■ . in 



190 

case it be a joint district] comprising the following territory : 
[Here insert the description of the district as in form No. 1.] 
you are hereby directed to notify every qualified voter of said dis- 
trict to attend the first meeting thereof, which is hereby appointed 

to be held at the house of , in said district, on the day of 

, 18 — , at — o'clock in the noon, by reading this notice in 

the hearing of each such voter, or in case of absence from his place 
of residence, by leaviDg thereat a written notice of the time and 
place of such meeting, at least five days before the time appointed 
for such meeting. 

Dated at , this day of , 18 — . 

[Signed.] A. B ~\ Supervisors 

C. D. > of the town 
E. F.J of . 

Note. — If it. is a joint district, the notice must lie signed by the supervisors of each 
town in which any part of the district lies. 



No. 4. 



Form of notice for first meeting, to be left at the residence of a voter when absent. 

To A. B. .— 

By direction of the supervisors of the town of , you are 

hereby notified that the first meeting of school- district No. — of 

, recently formed, will be held at the house of , in said 

district, on the day of , 18 — , at — o'clock in the 

noon. Your attendance is requested. 

[Signed.] G. H. 

Person appointed to give notice. 



No. 5. 



Fonn of return to be indorsed upon notice received from town supervisors, on the for- 
mation of a school-district. 

1 hereby certify that I have notified the following named persons 
[Here give the names in full, ~\ personally, and the following named 
persons [Here insert names,] by copy, according to the direction of 
the within notice. 

Dated this day of , 18 — . "> 

[Signed.] G. H. 

Person appointed- to give notice. 



191 
No. 6. 

Form of notice for a meeting of a school- district, to be delivered by the town super- 
visors, to a taxable inhabitant, in case there is no officer to call a meeting. 

To A. B., a taxable inhabitant of School- District No. — of : 

You are hereby directed to notify every qualified voter of School- 
District No. — , of , to attend a meeting thereof, which is here- 
by appointed to be held at the house of , in said district, on 

the day of , 18 — , at — o'clock in the noon, by 

reading this notice in the hearing of each such voter, or in case of ab- 
sence from his place of residence, by leaving thereat a written no- 
tice of the time and place of sueh meeting, at least five days before 
the time appointed for such meeting. The following is a descrip- 
tion of said district : [Here describe the district as in Form 
No. l.j 

Dated this — day of , 18 — . 

[Signed.] A. B. ) Supervisors 

CD. > of the town 
E. F. ) of 

Note.— If it is a joint district, the notice must be signed by the supervisors of each 
town in which any part of the district lies. 



No. 7. 



Form of acceptance of office by district officers elected at the first meeting after the 
formation of a district, to be filed with the district clerk. 

I hereby signify my acceptance of the office of of school- 
district No. — •, in the town of , to which I have been elected. 

Dated this day of — — ~, 18—. 

[Signed,] G. H. 



No. 8. 



Form of notice to be given to the district clerk when alteration of the boundaries of a 

district is contemplated. 

To. C. D, clerk of school-district No. — , of the town of .- 

You will take notice that we shall be present at [Here mention 

the place - ] on the day of ■, 18 — , at ■ o'clock in the 

noon, to hear and decide upon certain proposed alterations of 

the boundaries of said school-district. 
Dated this — — day of- — -, 18—. 

[Signed,] A. B. ] Supervisors 

of the town 
of 

Note. — In case of a joint district the above notice must be signed by a majority of the 
supervisors of each town, a part of which is embraced in the district or districts to he 
affected by the proposed alterations. 




192 

No, 9. 

Form of order altering the boundaries of a school-district. 

It is hereby ordered and determined that the [Here describe the 
territory by sections and parts of sections'] now part oi school- 
district No. — , of the town of , be, and hereby is taken from 

said school-district, and attached to and made a part of school- 
district No. — , of said town, for all purposes whatsoever. 

This order will take effect on the day of , 18 — •. 

Given under our hands this day of — — , 18 — . 

A. 13. } Supervisors 
C D. V of the town 
E, F. ) of . 

Note 1 —The above order must be filed with the town clerk and the district clerk, and 
incase of a joint district the order must be signed by a majority of the supervisor of each 
town, a part of which is embraced in the district, and filed with the town clerk ot each 
town, and tne district cleik of each district affected by the alteration. 

Note 2.— The board of each district affected by the alteration, should indorse their con- 
sent on the ordor, as follows : 

We hereby consent to the alteration made in school-district 

No. — , of the, town of , agreeably to the within order of the 

town supervisors of said town. 

G. H., Director, \ Of said school-district 

E. F., Treasurer, > No. of the town 

C. D., Clerk, ) of . 

Note — When such content is not indorsed upon the order, it will not take effect until 
three months from its date. 



No. 10. 



Form of order of town supervisors awarding proportion of value of property to new 

district. 

To the district clerk of school-district No. — of the town of -i 



Having formed a new sehocl-district, No. — , of the town of 
, in part [or wholly] from the territory of your dhtriot, we 



have ascertained and determined the proportion of value of the 
school-house and other property justly due to such new district from 
your district, retaining such school-house and other property, to be 

dollars. You are, therefore, to raise and collect by tax, upon 

the taxable property of your district, the said sum of dollars, 

and when collected pay the same to the treasurer of said new dis- 
trict. 

Given under our hands this day of , A. D. 18 — : 

A. B. ) Supervisors 
C. D. > of the town 
E. F. ) of . 

Note.— In ca°e of a joint district the above notice must be signed by a majority of the 
eupervisora of each town embraced, in part, in the district. 



193 
No. 11. 

Form of notice for annual district meeting. 

Notice is hereby given to the qualified electors of school-district 
No. — , of the town of , that the annual meeting of. said dis- 
trict for the election of officers and the transaction of other busi- 



ness, will be held at , on the last Monday, being the — day of 

September, [or August] at 7 o'clock in the afternoon, [unless some 
other hour was determined upon by the district at the previous 
annual meeting.'] 

Dated this — day of , 18 — .. 

C. D. 
District Cleric. 

Note.— The above notice must be affixed to the outer door of the school-house, if 
there be one in the district, and must be posted up in at least three other public places . 
at least six days before the time appointed for the meeting. 



No. 12. 



Form of notice fcr an adjourned district meetiDg, when such meeting has been adjourn- 
ed for a longer period than one month. 

Notice is hereby given; that a meeting of the qualified electors of 

school-district No. — , in the town cf , will be held at , in 

said district, on the — day of , 18 — , at — o'clock in the ■ 

noon, pursuant to adjournment. 

Dated this — day of- , 18 — ■. 

0. D. 
District Clerk. 

Note.— The foregoing must be posted the same as for the annual meeting. 



No. 13. 

Form of request for clerk to call a special district meeting. 

To A. B., clerk of school-district No. — of the town of .• 

Sib — You are hereby requested to call a special meeting of the 
above district on the — — day of — — , 18—, at — o'clock in the 

noon, for the purpose of, [here state the business to be trans' 

acted.] 

Dated this day of -, 18 — . 

[Signed,] 



Note.— The above notice must be signed by five legal voters. 
13— Sch. Code. 



A. 


B. 


C. 


D. 


E, 


F. 


a. 


H. 


i. 


J. 



194 
No. 14. 

Form of notice for special district meeting. 

Notice is hereby given to the qualified electors of school-district 

No, — in the town of , that a special meeting of said district 

\vill be held at , on the day of — ■ — , 18 — , at — o'clock 

in the noon, for the following objects : {here particularly 

specify each item of business to be acted upon.'] 

Dated this day of , 18 — . 

[Signed,] 0. D., 

District Clerk. 

Note.— The above must be posted as for an annual meeting, and in case it is intende d. 
to raise a tax, three-fourths of the legal voters must be personally notified of the meet- 
ing, or a copy of the above notice must be left at their places of residence, at least sis 
days before 1h3 time appointed for the meeting. 



No. 15. 



Form of notice to town supervisors of action of a district meeting in reference to the 
formation of a union district. 

To the board of supervisors of the town of : 



At the annual meeting held in district No. — , of said town on 

the day of , A D. 18 — , the qualified electors then present 

voted to unite with district No. — , in forming a union district for 
high school purposes, and the following are the names of the per- 
sons voting upon said proposition : 

For ths Union. Against the Union. 
A. B. E. F. 

C. D. Q. H. 

etc. etc. 

I hereby certify that the foregoing is a correct copy of the min- 
utes of the annual meeting, so far as they relate to the matters 
therein set forth. 

Dated the day of , 18 — . 

[Signed.] A. B., 

District Clerk. 

Note.— Two-thirds of the qualified electors must vote in favor of the formation of a 
union district, or the action is void ; and in case either of the districts so voting is a 
joint district the above notice must be served upon the supervisors of all the towns in 
which the district is situated. 



No. 16. 

Form of order organizing a union high school district. 

Notice of the action of districts Nos. and , having been 

served upon us according to law, it is hereby ordered and determined 



195 , 

that, \Here describe the territory by sections and parts of sections, - } 
shall hereafter constitute a union district for high school purposes, 

to be known as union district No, — of the town of . 

{riven under our hands this day of — — , A. D. IS — K 

A. B. ") Supervisors 
C D. > of the town 
E. E, ) of . 

Note,— When the territory of the union district is situated in more than one town a 
majority of the supervisors of each town must sign the order, and a copy of it must be 
filed with the town clerk of each town in which the district lies. 



No. 17. 

Form -of appointment of first board of union district. 

By virtue of authority vested in us, we hereby appoint A. B.> 
director; C. D., treasurer; and E. F., clerk of union district 
No. — , of the town of . 

Given under our hands this day of , A. D. 18—. 

A. B. ) Supervisors 
C. D. [ o/ the town 

B, E. ) of — -, 



No. 1 8. 

-Form of notice to be given by the clerk of a school-district meeting, to the officers elect 
who were not present at the meeting. 



To : 

You are hereby notified that at a meeting of school-district No, — 

in the town of -, held on the ■"- day of , 18 — , you were 

duly elected — — of said district. 

Dated this day of - — — , 18—. 

[Signed.] C. D., 

Clerk of said meeting. 

Note.— This notice is required to be given within five days after the meeting,, and only 
to those persons who were not present at the time. 



No. 19. 

Form of refusal to accept district office, to be filed with the clerk of the district. 

To the clerk of school-district No. — in the town of : 

You are hereby notified of my refusal to accept the office of — *— 
to which I was elected at the meeting of said district held on the 

> day of , 18—. 

[Signed.] G. H. 

Note.— This notice of refusal must be filed within ten days after the election, or the 
person will be deemed to have accepted the office, and be liable to fine for noa-perform- 
ance of duty. 



196 

No. 20. 

Form of bond of district treasurer, to be filed with the district clerk. 

Know all men by these presents, that we, E. F., treasurer of 

school-district No. — of the town of , and L. M., his surety, 

are held and firmly bound unto said school-district in the sum of 
\liere insert a sum of double the amount to come into the treasurer 's 
hands, as near as can be ascertained] to be paid to the said 
school-district, for the paymem of which, well and truly to be made, 
we bind ourselves, our heirs, executors and administrators, jointly 
and severally, firmly by these presents. Sealed with our seals, and 
dated this — day of , A. D., lb — . 

The condition of the above obligation is such that if the said E. 
F., treasurer as aforesaid, shall laiihfully discharge the duties of 
his office as treasurer of said school-district, and shall well and truly 
pay over to the person or persons entitled thereto, upon the proper 
order therefor, all snms of money which shall come into his hands 
as treasurer of said district, and shall, at the expiration of his 
term of office pay over to his successor in office all moneys remain- 
ing in his hands as treasurer aforesaid, and shall deliver to his suc- 
cessor all books and papers appertaining to his said office, then this 
obligation shall be void, otherwise of full force and virtue. 

Signed, sealed and delivertd in ) 
presence of ft. S. \ E. F. [seal] 

G. H. ) L. M. [seal] 

Form of approval to be indorsed on the bond of treasurer. 

We approve of the within bond and surety. 

[Signed,] G. H., 

Director. 
C. D. 
Cleric. 



No, 21. 

Form of notice to treasurer to famish additional security. 

To A. B., treasurer of school district No. .• 

S IR — Deeeming the security upon your bond insufficient to pro- 
tect the district against loss, we hereby require you to furnish a 

new bond in the sum of $ , with sureties to be approved by us, 

Within ten days of the date hereof. 

Dated this day of — , 18—. 

[Signed,] C. D., 

• Director. 

E. F., 



197 



No. 22. 

Form of order on treasurer for moneys to be disbursed by school-district. 

To A. B., treasurer of school-district No. — in the town of : 

Please pay to , the sum of dollars for [here 

specify the object for which the money is to be paid,~\ out of any 
money in your hands, not appropriated, belonging to the [here name 
thefund on which the order is draton~\ of said district. 

Dated this — day of , 18— 

[Signed.] C. D., District Clerk. 

Q. H. , Director. 



No. 23. 



Form of certificate to be attached to proceedings of a district meeting by the person 
acting as clerk, in the absence of the district clerk. 

I hereby certify that the foregoing is a correct and complete rec- 
ord of the proceedings of [the annual or a special meeting, as the 

case may be,'] held in school district No. — of the town of 

on the — day of , A. D. 18 — . 

[Signed.] A. B. 

Clerk, pro tern. 



No. 24, 

Form of contract between district and teacher. 

It is hereby agreed between school-district No- — of the town 

of , and L. M., a qualified teacher of the town of , tirat 

the said L. M., is to teach the common school of said district for 

the term of [here insert the time,] for the sum of dollars per 

[week or month as the case may be, ] commencing on the 

day of ■, 18 — , and for such services, properly rendered, the 

said district is to pay to the said L. M., the amount that may be 

du9, according to this contract, on or before the day of , 

18—. 

Dated this day of , 18 — . 

[Signed.] C. D., District Clerk. 

L. M., Teacher. 

Note.— The director or treasurer, or both, are to indorse this contract as follows : 

I [or we] consent to the within contract. 

GK H., Director, or ) , bth ^ 
E. ¥., Treasurer, ) L J 

Notk.— In case the Teacher is employed in a graded school, the particular department 
for which he is engaged, may be specified in the contract ; and when the teacher is hired 
by the month, it ie best always to specify in the contract how many days of of teaching 
shall be considered a month. 



198 



No. 25. 

Form of annual report of school-district clerks. 

Annual report of the clerk of school-district No. — , of the town 

of of the county of , State of Wisconsin, for the 

year endiny August 31, 187 — . 

GENERAL STATISTICS. 





Male. 


Female. 


Total. 


1. Number of children over the age of 4 aDd 
under the age of 20 years, residing in the 








2. Number of children under 4 years of age, 
taught in the district school during the year. 








0-. Number of persons over 20 years of age taught 
in the district school during the year by duly 








4. Number of children over 4 and under 20 years 
of age taught in the district school during 








5. "Whole number of different children taught in 
the district school during the )ear, by duly 








Note. — The'clerk should carefully examine the reg- 
ister, and no pupil should be counted more than 
once in making up items 2, 3, 4 and 5, though he 
may have been in school two or more terms. 
6. Number of days attendance of pupils under 4 








7. Number of days attendance of pupils over 20 








8. Number of days attendance of pupils over 4 








9. "Whole number of days attendance of differ- 








10. The whole number of days (including holi- 
days) the public school of the district has 








11. The number of days (including holidays) the 
public school of the district has been taught 
during the year, by teachers qualified accord- 








Note. — A "qualified teacher," within the meaning 
of the statutes, is one who holds an unexpired 
certificate from the County Superintendent. Dis- 
trict Boards should see that all teachers they 
employ possess a certificate before a contract is 
made. 
12. Number of teachers required to teacb the 








13. Number of different persons employed as 








14. Average monthly wages paid to teachers. . . . 








Note. — When the district boards the teacher, the 
price of board should be included in the wages 
paid, as given above, and when more than one 
teacher of the same sex is employed during the 
same term, the average wages should be given. 




• 





199 

DISTRICT LIBRARY. 



Number of volumes added during the year. .. 
Amouut expended for library during the year. 
Whole number of volumes in district library. 
Cash value of library 



TEXT BOOKS USED IN TEE SCHOOL. 



Spelling Books 

Readers 

Arithmetics 

Histories of the United States. 



Geographies 
Grammars. . . 
Physiologies 
Algebras. . . . 



FINANCIAL STATEMENT FOR THE. YEAR. 



RECEIVED. 


LOLLS. 


CTS. 


PAID. 


DOLLS. 


CTS. 


Money on hand August 3L 
187 






For building and repair- 






From district tax levied 
for building and repair- 






For apparatus and libra- 






For sevices of male 
















For services of female 






for apparatus and libra- 








From tax levied at annu- 






For school furniture, reg- 






From tax levied by coun- 












Total amount paid out 






From income of state 








Money on hand August 

















































DISTRICT SCHOOL-HOUSES, SITES, ETC. 



No. of pupils the school-house 
will accommodate 

Size of the school-house site . . . 

Is the site well inclosed ? 

Of what material is the house 
built? 

Are the out-houses in good con- 
dition ? 

Is the school- house in good con- 
dition? 

Has the district board adopted a 
list of text books ? 



the 



Are there outline maps 

school-room ? 

No. of visits to the school by the 

' county superintendent during 

the year 



Cash value of the school- 
house 

Cash value of the site. . . 

Cash value of apparatus 

Amount 



200 



PRIVATE SCHOOLS NOT INCORPORATED. 



Number of private sohools in the 
district 

Number of teachers employed to 
conduct the schools 

Average number of days the 
schools have been taught 



Number of pupils registered dur- 
ing the year who have not at 
tended the district school 

Average number in daily attend 
ance , 



School census of district iVb. — of the town of , comity of 

, state of Wisconsin, for the school year ending August SI, 

18 — t as taken by , between the first and tenth days 

of September, 18 — . 



State of Wisconsin, 



county, ss. 



, clerk of district No. — , of the town of — , county 

of , state of Wisconsin, being duly sworn, says that the fol- 
lowing is a correct statement of the number of children, male and 
female designated separately, over the age of four and under the 
age of twenty years, residing in said district on the 31st of August, 
18 — , and of the names of the parents or other persons with whom 
such children did respectively reside on said day. 



District Clerk. 



Sworn and subscribed to before me, 
this day of , 18 — . 



Note.— An additional sheet should he ruleu and securely attached to this, if necessary 





CHILDREN. 




Males. 


Females. 














.... 






























. 







I, 



district clerk, being duly sworn, depose and say, 



that the above report is true, according to my best knowledge and 
belief, and that the district school of this district has been taught 



201 

by a qualified teacher months of twenty-two days each, (inclu- 
ding legal holidays), during the year ending August 31, 18 — . 



Sworn to and subscribed before me, ^ 



District Clerk. 



this 



day of 



\ 



Justice of the Peace. J 



Note.— The clerk of a joint school-district will make the above report, except the 
items 1 and 11, to the town clerk of the town in which the school-house is situated, in- 
cluding the facts therein relating to the whole district, and a partial report, as per small 
blanks, to the town clerk of each town, a part of which is embraced in the district. 



No. 26. 

Form of annual report of clerk of joint school-district. 

Annual report of the clerk of joint school-district No. — , of 

the towns of and and for the year ending 

August 31, 187 — . ■ ■ 



1. Number of children over the age of 4 and 
under the age of 20 years residing in that 
part of the district lying within the above 
named town of , on the 31st of Au- 
gust, 187-, 

3. The whole number of days (including holi- 
days) the public school of the district has 
been taught, during the year, by teachers 
qualified according to law, 



FEMALE. TOTAL 



I, 



District Clerk, being duly sworn, depose and say, 



that the above report is true, according to the best of my know- 
ledge and belief, and that the district school of this district has 

been taught by a qualified teacher months of twenty-two 

days each, (including legal holidays,) during the year ending Au- 
gust 31, 187—. 



Sworn to and subscribed before me, ] 
this day of 187 — . { 



District Clerk. 



• J 



Note.— The clerk of a joint school-district will make the above report to the town 
clerk of each town, a part of which is embraced in the district, and will, in addition 
thereto, make a full report to the town clerk of the town in which the school-house 13 
situated, excepting the items 1 and 11, in the large blanks, which will be omitted, 



202 

No. 27. 

Form of school register to be kept by the teacher of each school. 

Upon the first page or pages of the register should appear the 
names, and studies of the several pupils, in manner as follows : 















STUDIES. 












Names. 


6 

< 


bi 

.2 

% 
ft 
m 


be 

.2 

03 

P3 


bb 

a 

'£ 


c 

03 

a 

a 

03 


6 

S 

■53 


ft 

cj 

bb 
O 
93 

GJ 


bD 
o 

"o 

"35 

P4 


u 
o 

GO 

w 


a. 

OJ 
bfl 

<1 










13 

12 

9 

7 
16 
18 
16 
15 
10 
11 

9 
17 


1 
1 
1 
1 

1 
1 
1 
1 
1 
1 
1 
1 


1 
1 
1 

1 
1 
1 
1 

1 
1 
1 
1 
1 


1 
1 
1 
1 

1 
1 
1 
1 
1 
1 
1 
1 


1 


i 
i 
i 






1 












1 












W. Stone 














T. Talbot. . . . 


















1 
1 
1 
1 


i 

i 
i 
i 
i 
i 


1 
1 


1 
1 

1 
















1 








S. White 




































W. Bright... 
E. Thorn 


1 


























"W". Jack 


1 


i 


1 


1 

























Other studies than those noted may be inserted in the blank 
columns. 

Following this will be found the daily register of attendance, in 
form as follows :. 



- of 

187— 



for 



Daily register of school taught in district No. 
the term of four months, commencing 

This mark (/) indicates present in the forenoon ; this, (\) present in the 
afternoon ; this, (X) present all day. 





M. 

X 
X 

\ 
/ 

X 
X 
X 

\ 

X 

/ 

X 

X 


T. 

X 

X 

\ 

X 
X 

\ 
x" 

X 

/ 

X 


w. 

\ 

X 
X 

x' 

X 
X 

\ 
\ 

X 
X 

/ 


TH. 

X 
X 

X 

\ 

X 
X 

\ 

X 
X 

V 


r. 

\ 
X 

\ 

X 

\ 

X 

X 


s. 








X 


"W". Stone 


X 












X 


S. White ' 










X 
X 
X 
X 


/ 




\ 




\ 




f 








10 


8* 


9 


8* 


n 


5 







203 

Note.— The figures at the bottom of the column show the actual number of days 1 atten- 
dance for that particular day. Baeh night the teacher should foot the column for the 
day, placing the number of days' attendance in figures at the bottom. The sum of these 
numbers for the several days of the term will give the day's attendance for the term, and 
the average attendance is lound by dividing this sum by the whole number of days the 
school has been taught. The average attendance for a week or a month is found in the 
same manner. 

If, on the other hand, the teacher prefers to mark absences, it may appear 
thus: (/) indicates absence in the forenoon ; (\) absence in the afternoon ; 
(X) indicates absence all day. The record will then appear in the form 
represented below, and the blanks will be counted instead of marks. 





M. 


T. 


w. 


TH. 


F. 


s. 








\ 


\ 


X 










W. Stone 


/ 
\ 


\ 






\ 




T. Talbot 


X 


N 


X 




X 






\ 

X 
X 








S. White 




V 

\ 


\ 

"x" 


"x 


X 


R. Mace 


/ 


Y 




f 


W. Bright 


\ 


\ 


E. Thorn „ 


/ 


.... 


X 

8* 




\ 


W Jack 




f 






H 






10 


9 


n 


5 







Note.— It is very desirable that each district in the state be fully and accurately re- 
ported. If one district in a town fails to report this item, the whole town suffers from 
this failure, in comparison with other towns that may be fully reported. 

That the register may be neatly kept, it will be best for the teacher to use a small 
blank book, in which may be registered the absences for the day, and then at night the 
register may be properly filled and footed. • 



No. 28. 

Form of a deed of a school-house site. 

Know all men by these presents, that A. B. \and C. B.,his 

wife, if married,'} of the town of , in the county of , in 

the state of Wisconsin, party of the first part, for and in considera- 
tion of the sum of dollars to them in hand paid by the dis- 
trict board of "school-district No. , of the town of " 

county of, , and state aforesaid, the receipt whereof is hereby 

acknowledged, do hereby grant,- bargain, sell and convey to the 
said school-district, party of the second part, and their assigns, the 
following described piece or parcel of land, namely : [here insert 
description of land.} Together with all the privileges and appur- 
tenances thereunto belonging. To have and to hold the same to 
the said party of the second part, and their assigns forever ; and 
the said party of the first part, for themselves, their heirs, execu- 
tors and administrators, do covenant, bargain and agree, to and 
with the said party of the second part, and their assigns, that at 
the time of the sealing and delivery of these presents, they are 



204 

well seized of the premises above conveyed, as of a good, sure, 
perfect, absolute and indefeasible estate of inheritance in the law in 
fee simple, and that the said lands and premises are free from all 
incumbrances whatsoever; and that the above bargained premises 
in the quiet and peaceble possession of the said party of the sec- 
ond part, and their assigns, against all and every person or persons 
lawfully claiming, or to claim, the whole or any part thereof, the 
said party of the first part will forever warrant and defend. 

In witness whereof, the said A. B. and C. B., his wife, party of 

the first part, have hereunto set their hands and seals, this 

day of , A. D. 18—. 

A. B. [seal.] 
Signed, sealed and delivered ) C. B. [seal.] 

in presence of E. F. \ 

G. H. ) 

Note— Such deed should be duly acknowledged before a notary public, justice of the 
peace, or other officer authorized by law to take such acknowledgement, and recorded 
in the office of the register of deeds for the county. 



No. 29. 

Form of lease. 



Know all men by these presents, that A. B., of the town of- 



in the county of , in the state of Wisconsin, of the first part, 

for the consideration herein mentioned, does hereby lease unto 

"School-district No. — of the town of , " county of , 

in the state aforesaid, party of the second part, and their assigns, 
the following described parcel of land : [Here insert description of 
land.~\ Together with all the privilges and appurtenances thereun- 
to belonging : To have and to hold the same for and during the 

term of years from the day of , A. D. 18 — ; and 

the said party of the second part for themselves and their assigns, 
do covenant and agree to pay the said party of the first part, for 

said premises, the annual rent of dollars. 

In testimony i whereof, the said parties have hereunto set their 

hands and seals, this day of , 18 — . 

A. B., Lessor, [seal.] 

C. D., ] District board of school- 

E. F., I district No. , of the 

G. H., ) town of . 



No. 30. 
Form of an appointment to fill a vacancy in the district board. 

To A. B.— : 

The office of [clerk, director or treasurer,"] of school district 
No. , of the town of , having become vaoant, you are 



205 

hereby appointed to fill such vacancy until the next annual meeting 
in said district. 

Dated this day of , 18 — . 

[Signed] G. H. 

Director. 
E. F. 

Treasurer. 

note.— It requires two members of the board to make an appointment. Iftheyneg" 
lect, lor ten days to fill the vacancy, it must be done by the town clerk, after the follow- 
ing form. In either case the appointment must be filed with the district clerk. 



No. 31. 
To A. B.—: 

The office of \clerk, director or treasure?''] of school-district No. 

— of the town of , having become vacant, and the district 

board of said district having failed to fill the same within ten days, 
you are hereby appointed to fill such vacancy until the next annual 
meeting of said district. 

[Signed.] C. D. 

Town Clerk. 



No. 32. 

Form of refusal to accept a district office or appointment. 

To the district hoard of school-district No. — , [or the town clerk 
as the case may be, \ of the town of : 

You are hereby notified of my refusal to accept the office of- 



of school- district No. — , of said town, to which I was appointed 

by you on the — day of , A. D. 18 — . 

Dated this day of , 18 — . 

[Signed,] G. H, 

Note.— The notice of refusal must be filed with the clerk or director within five days 
after the appointment, or the person will be deemed to have accepted the office, and be 
liable to a fine for non-performance of duty. 



No. 33. 

Form of certificate of town treasurer of moneys in his hand3 subject to apportionment. 
To the town clerk of the town of : 

I hereby certify that there is now in my hands the sum of $ , 

school moneys, subject to apportionment to the school districts en- 
titled thereto. 
Dated this — day of — — , 18—. 
[Signed.] 

A. B. 

Town Treasurer. 



206 



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jo aoaBpaajiB 4 eX^p jo jaqrana jbjoj. 








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J8ao sjidnd jo aoaBpuawBS.fBp jo •ojj 








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jbao sjidnd jo aonBpaa^B sa*bp jo ojsj 








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-un sjidnd jo aoaBpaajiBsfop jo -ofj 








■jB3a" 
aq; Sni.mp tooqos papna^B aABq 
oqM sqidnd laaaajjip jo Jaqmna jbdox 








qooqos papua'^B aABq oqAi 
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qooqos papaa^B 
aABq oqAv b3b jo sjbsI 03 .isao '<>K 








qooqos papna^B 
aABq oqM. a§B jo sjboa" f Japan -o^j 








•sq^uoui aioauo 3aij jooqos ioaiaiBj 
-uiBtne^ou^sip aq^ ui a§B jo sjbsa" 
03 aapun puB f j3ao aajpjiqo jo o x sj 








•^oiJ^sip aqi ai oSb jo sjboa 05 Japan 
paB f jaAoaajp[iqo jo jaqmna jb^oj, 








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•a§B jo sjbba" 02 Japan 
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&c. &c. 

Joint district No. 1. . . 

&c. &c. 


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297 



MONEYS I'Aii). 


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: 1 : 


'saaqoeaj e[Bni9j jo S90IAJ93 joj | ; '. 




: 1 : 




■sjaq.Teai 9[sai jc saoiAjesaoj | ; ; 




: 1 : 




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: 1 : 






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: 1 : 


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Joint Dis't No. 1. 
do do. 2. 


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208 



DISTRICT SCHOOL HOUSES, KITES, ETC, 



10. 
11. 

12. 
13. 



No. of school-houses in the town 

No. of pupils the school-houses will accommodate 

No. of sites contai uing less than one acre 

No. of sites well enclosed , 

No. of school houses built of stone or brick 

No. of school-houses having out-hoases in good condition 

No. of districts iD which a list of text books has been adopted by 

the district board 

Not of school-houses furnished with outline maps 

No. of joint districts with school-houses in this town P. . . . . 



Highest valuation of school-house and site. 

Cash value of school-houses 

Cash va'.ue of sues 

Cash value of apparatus, etc 



PRIVATE SCHOOLS NOT INCORPORATED. 



Number of such schools in the town 

Number of teachers engaged in such schools 

Average number of days such schools have been taught 

Number of pupils registered who have noi attended the district 

school • 

Average number in daily attendance 



State of Wisconsin — County of , ss. 

1 ( , town clerk of the town of - 



-, of the county of 
-, do hereby certify, that this report for the said town, for the 
year ending August 31st, 18 — , is correct and true, according to the 
test of my knowledge and belief. 



Town Clerk. 

Note.— The same form as the foregoing may be used by a secretary of a town board in 
making his report to the county superintendent, by using the word "sub-district" in- 
stead of " district," and the words "secretary of town board" instead of "town 
clerk." 



209 
No, 35. 

Form of notice to town treasurer of apportionment of school moneys by the town clerk. 
To the treasurer of the town of 

You are hereby notified that I have apportioned the school 
moneys now in your hands, to the different districts of the town,, 
as follows : 



To district No. 1 $........ To district No. 6 

do 2 do 7 

do 3 To joint, .do. . 1 

do.... .4 { do 2 

do 5 do 3 



Note.— Immediately upon the receipt of the certificate of the treasurer, of the amount in 
hit! hands, the clerk shall proceed to apportion it among the several districts of the town. 
from which reports have been teceived according to law, and thereupon he will notify 
the treasurer, t.s above, thai he may pay the moneys to the treasurers of the districts en- 
titled to the same. 



No. 36. 

Form of report of town clerk to the county superintendent, of the names and post office 
addresses of the district clerks in his town. 

To the county superintendent of schools of the county of 



Sir — I hereby report to you names of the school-district clerks 
in the town of , and their addresses, as follows : 



District. 


Name 


of clerk. 


Post-office. 


No. 1 , 


A. B 




No. 2 


CD -.' 




No. 3 


E. F 




No. 4 


G. H 




No. 5 . . 




I. K 




No. 6 . . 


L. M 


.do.. 


Joint No 


. 1 


N. 0... 


.do.. 




2 


P. R 


....do 




3 


S. T 


... ...do 











[Signed.] 



A. W. 



Town Cleric. 



Nora.— The town clerk must report his own name and post-office to the county super- 
intendent within ten days after his, the said clerk's e'ectsion or appointment, and the 
name and post-office of each district clerk in his town, within ten days a'ter the filing of 
the same in his office. 



14— Sch. Code, 



210 

No. 37. 

Form of statement of the amount of taxes voted to be raised in a school-district, to be 
delivered by the district clerk to the town clerk. 

To R. S< Town clerk of the town of — — : 

The amount of taxes voted to be raised in school-district No. — 

of the town of , at the last annual meeting of said district 

held on the day of September, 18 — , is [ivrite the amount in 

words'] dollars; which amount amount you are requested to assess 
upon the taxable property therein. 

The following is a list of the names of the persons and corpora- 
tions liable to a school district tax in said district : [Here insert 
the names of the persons and corporations.'] 

Dated this day of , 18 — . 

[Signed.] 

C. D. 
Clerk of school-district No. — , of the town of . 

Note. — If the district has been lately organized and a lax was voted at the first meet- 
ing, as well as at the annual meeting:, that should be stated ; also any tax voted at a 
special meeting, held between the time of the annual meeting, and the first Monday 
of November following. 

State of Wisconsin — County of , ss. 

C. D , being duly sworn, on oath says, that he is the clerk of 
school-district No. — of the town of — — , and that the above state- 
ment by him made of the amount of taxes voted to be raised in 
said school district, and the list of corporations liable to a school 
district tax therein, are true. 

[Signed.] G. D. 

Subscribed and sworn to before me, this day of , 18 — . 

[Signed] J. P. 

Justice of the Peace. 



No. 38. 



Form of statement of the amount of taxes voted to be raised in a joint district, to be 
delivered to the clerk of each town in which any part of the district is situated. 

To R. S., of the town of : 



The amount of taxes voted to be raised in joint school-district 

No. — , of the towns of and , at the last annual meeting 

of said district, held on the day of September, 18 — , is [wrice 

the amount in words] dollars ; and the proportion of that amount 
to be raised in that part of said district, which lies in the town of 
is [write the amount in words] dollars which you are re- 
quested to assess upon the taxable property therein. 



211 

The following is a list of the Dames of the persons and corpora- 
tions liable to a school-district tax in that part of the district lying 

within the town of [here insert the names of the persons and 

corporations.] 

[Signed] C. D., 

Clerk of joint school-district No. — , 

Of the towns of and . 

Note.— Attach affidavit of the district clerk similar to the one given in foim No. 37. 



No. 39. 



Form of tax list to be made by the district clerk for the collection of a tax voted at a 
special meeting, held between the first Monday of November and the time of the an- 
nual meeting in the following year. 

Tax List. 







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Names of persons 


Description of real 
estate. 


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' 250 00 


25 00 


C. B...„ 


e hf se qr sec 17, . . - 
nw qr of se qr of sec 9 


12 50 


E. F 


t> 25 







I do hereby certify that I have set down in the above tax list all 

the real estate situate in district No. — , of the town of , county of 

, and state of Wisconsin, liable to be taxed, according to my 

best information, and that with the exception of those cases in 
which the valuation has been otherwise fixed pursuant to law, I 
have estimated the same at what I believe to be the true cash val- 
ue thereof ; that the said tax list contains a true statement of the 
aggregate valuation of the taxable personal estate of each and every 
person named in said list, as nearly as I could ascertain the same. 

Given under my hand, this day of , 18 — . 

A. 3 , 
Gler h of district No. — , town of . 



212 



No. 40. 

Form of warrant annexed to assessment roll by district clerk, for the collection of taxes 
levied at special district meeting. 

The state of Wisconsin to the treasurer of district No. — , of 

the town of - , county of : 

You are hereby commanded to collect from each of tho persons 
and corporations named in the annexed tax list, and of the owners 
of the real estate described therein, the taxes set down in such list 
opposite to their respective names, and to the several parcels of land 
therein described ; and within ten days from the date of this war- 
rant, personally demand such tax of the persons charged there- 
with in such lists, if they be found within your town ; and if any 
such tax shall nor be paid within said ten days, you are to levy and 
collect the same by distress and sale of the goods and chattels of 
the person or corporation so taxed ; and the moneys so collected 
you are to retain as treasurer of the aforesaid district, subject to 
the order of the district board ; and you are further required to 
make return to said district board of this warrant, with said list 
annexed, within forty days from the date hereof, together with your 
doings thereon, as provided by law. 

Given under my hand this ■ day of , in the year 18 — . 

A. B., 
Clerk of district No. — , tou>7i of . 

Note— The above warrynt may be renewed by the clerk for thirty days, and, with the 
consent of the town clerk, for a longer period. See form No. 43. 



No. 41. 

Torm of return of unpaid taxes. 
To the town clerk of the town of .* 

Sir — A special district tax having been levied in school district 

No. , and assigned to me to collect, I hereby report to you the 

tax on the following lots and parcels of land as unpaid, and that 
after making diligent efforts I have been unable to collect the same. 



Name of owner. 


Description of land. 


Value. 


Am't of 
tax. 


A.B 




400 00 
160 00 

• 


10 00 


CD 




4 00 









Subscribed and sworn to this 
fore me. 

G. H., 
Justice of the peace. 



E. T., 

Treasurer district No. — 

day of , A. D., 18—, be- 



213 
No. 42. 

Form of certificate of unpaid taxes. 

I hereby certify that the sum of $ , unpaid special district 

tax has been this day returned to me for collection by E. F., treas- 
urer of school district No. — . 

Dated this — day of , 18 — . 

A. B., 
Town Clerk of town of . 

Note.— The treasurer must deposit the above certificate with the district clerk who 
will file and preserve it. 



No. 43. 

Form of renewal of warrant hy the district clerk, to be indorsed upon said warrant. 

I hereby renew the within warrant for thirty days. 

[Signed.] A. B. 

District Clerk. 

Note.— If it shall be necessary to renew the warrant for a longer period than thirty 
days, the town clerk must endorse his consent to such renewal upon the warrant, as fol- 
lows: 

I hereby consent to a second renewal of the within warrant. 
[Signed.] CD. 

Town Clerk. 



No. 44. 



Form cf determination of relative proportion of taxes to be assessed upon the different 
parts of a joint, district, situated in two or more towns. 

Upon the application of A. B., C. D., and E. F., tax payers in 

joint school-district No. — , of the towns of , and , we 

have made the necessary inquiry and examination, and do hereby 
determine, that for every dollar of district tix to be hereafter 

levied upon or collected in said district, the sum of cents shall be 

assessed upon f hat portion of the district lying in the town of — — , 

and — cents upon that part lying in the town of . 

Dated this day of , 18 — . 

Gr. H., ) Supervisors 
J. K., \ of • 

L. M., J 



N. 0., ) Supervisors 
P. R., } of 



214: 

« 

No. 45. 

Form of application to board of supervisors to establish a school-house site. 
To the board of supervisors of the toivn of : 

At a regular meeting of school-district No. — , it was decided 
by a vote of a majority of the electors present, to apply to your 
honorable board to establish a school-house site for said district. 
The district has selected [here describe the location of the site 
selected,'] but is unable to obtain the same, for the reason that the 
owner of the land selected, will neither lease nor sell the same to 
the said district, [or that the owner is a non-resident. ~\ 

Dated this day of , 18 — . 

[Signed.] A. B., 

District CelrJs. 



No. 46. 



Form of certificate of district clerk that the notice for the meeting of the supervisors to 
establish a school-house site has been given. 

To the board of supervisors of the town of : 



I hereby certify that on the day of , I served the fol- 
lowing notice upon the owner and occupant of the land therein de. 
scribed. [Here insert the notice in form 47.] 

Dated this day of , 18 — . 

[Signed.] A. B., 

District Clerk. 

Note. — In case there is no occupant of the lands selected for a site, and the owner 
is unknown or resides out of the state, the notice must be published in the nearest 
newspaper, for six weeks previous to the meeting of the board, of supervisors, and the 
above certificate mast state the facts of such publication, instead of personal service. 



No. 47. 



Form of notice for meeting ol supervisors to decide upon an application to locate a 
school-house site. 

To all whom it may concern : 

The undersigned will be present at on the day of 



at o'clock in the noon, to decide upon the application of 

school-distriot No. — , for the location and establishment of a school- 
house site for said district upon [here describe the lands up on which 
it is proposed to erect the site.] 

Given uoder our hands this day of , 18 — . 

[Signed.] A. B., \ Supervisors 

C. P., \ of the town 
E. F„ ) of . 

Note.— In case the application is made by a joint district, the supervisors of all the 
towns in which any part of the district is situated, must sign the above notice and be 
present at the meetine to locate the site. 



215 

No. 48. 

Form of certificate of action of town board of supervisors in locating and establishing 
a school-house site. 

We hereby certify that on the day of , A. D. 18 — , 

we located and established a school-house site for school-district No. 
— , comprising the following described territory, [here describe the 
lands taken for a site according to the survey of t the same,'} and 
awarded the sum of dollars in full as compensation to the own- 
er [if there are two or more owners of the lands taken, specify- 
ing the amount awarded to each,} of the lands thus taken for said 
school house site. 

Dated this day of , A. D,, 18— 

[Signed.] A. B., ) Supervisors of 

C. D., > the town of 
E. F., ) 



Note.— The certificate of the action of town board in locating and establishing an 
addition to a school-house site, will be the same as above, except +bat in the second line 
after the word, " established," the word, " a" will be omitted and the words, " an ad- 
dition to the " will be inserted ; and the laat two lines will be made to read : " taken for 
said addition to said school-house site." 

J£i^" Duplicates of the above certificates must be made out, and one of them must be 
delivered to the owner or occupant of the land taken, and the other to the district clerk 
of the district, who must have the same recorded in the office of the register of deeds 
of the county in which the site is situated. 



No. 49. 

Form of certificate of the clerk of the board of supervisors of a vacancy in the office of 
county suprrintendent of schools. 

To , state superintendent of public instruction: 

Sir — I hereby certify that a vacancy in the office of county su- 
perintendent of schools occured on the day of , 18 — , by 

"' [Here state the cause of the vacancy, whether by death, resigna- 
tion, removal from the county, or the rem.oval from office of the 
incumbent.'] 

Given under my hand and seal of office, this day of , 

A. D. 18— . 

[Signed.] A. B. 

Clerk of the board of supervisors of county. 



No. 50. 



Note.— The form heretofore numbered "50" is omitted, as being no logger neces- 
sary. (See section 96, as amended, page 111.) 



216 



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No. 52. 

Form of statement of number of children of school uge in a county, made by county 
superintendent for county treasurer, 

To A. B., treasurer of the county of : 

Sir — The following is the number of children over the age of 
four and under the. age of twenty years, in those districts of the 
several towns in this county [or superintendent district, as the case 
may 6e], which have maintained school for five or more months 
the past school year, as returned to me by the town clerks : 



I 

Town. Number of children. 


Town. 


Number of children. 


A 




D 




B 




E 




G 




F 













Dated this 10th day of October, A. D., 18—. 

a. h., 

County superintendent of schools for county. 

Note— The above statement mnst ne filed with the county treasurer on or before the 
10th day of October in each year. 



No. 53. 



Form of notice to teacher and district clerk of the intention of the county superintend- 
ent to annul said teacher's certificate. 

To A. B., teacher in school-district No. — , of the town of : 

Sir — You are hereby notified that it is my intention to annul 
the certificate of qualifications now held by you as a teacher. 

C. B., 
County superintendent of schools for county. 



To E. F., clerk of school'di strict No. — , of the town of- 



Sir — You are hereby notified that it is my intention to annul 

the certificate of qualifications held by , now employed in 

teaching in your district. 

Dated this day of , 18 — . 

C. D., 
County superintendent of schools for county. 

Note— The above notice must be served upon the teacher and district clerk at least 
ten days before the certificate is annulled. 



221 
No. 54, 

Forms of annulment of a teacher's certificate and notice to town clerk. 

To A. B.: 

Sir — The certificate of qualification held by yon as a common 

school teacher in the town of \_or county] of , issued on or 

about the day of , A. D., 18 — , is hereby annulled. 

Dated this day of , A. D. 18 — . 

C. D., 
County superintendent of schools for county. 

note— The above annulment will not take effect till the following notice has been 
filed with the town clerk of the town in which the teacher, whose certificate is annuled, 
is engaged in teaching. 

To the town clerk of the town of : 

Sir — You are hereby notified that on the day of , A. 

D., 18 — , I annulled the certificate of qualification held by A 3 B., 
a teacher in your tow/i, for the reason that, in my opinion, the said 
A. B. does not possess the requisite qualifications as a teacher in 
respect to [moral character, learning, or ability to teach, as the 
case may be. ] 

Dated this day of , A. D., 18 — . 

0. D., 
County superintendent of schools for the county of . 



FORMS FOR APPLICATION" FOR DICTIONARIES. 

No. 55. 

Form of application for first supply. 

State of Wisconsin — county of ss. 

— , being duly suorn deposes and says that district No. 

— , in the town of , county of — ■ — , ha — never been supplied 

with Webster's Unabridged dictionary, by the state as provided for 
by law. 



District Clerk. 
Post-office . 

Subscribed and sworn to before me this day of -, A. D., 



Send by express to ■ ; care of 



222 



No. 56. 

Form of application for dictionaries in graded, schools. 

State op Wisconsin, county, ss. 

, being duly sworn, deposes and says, that the follow- 
ing department — in district No. — , in the of , in the 



county of 



ha — never been furnished with Webster's Una- 



bridged Dictionary by the state, as provided for by law : depart- 
ments unsupplied, : departments heretofore supplied, 



Sworn and subscribed to before me, 
this day of , 18 — . 



Send by express to , care of 



District Cleric. 
Post-office 



No. 57. 

Form of application for dictionaries by the secretary of a town board. 

State of Wisconsin — County of , ss. 

, being duly sworn, deposes and says that the following' 

sub-district — in the town of , county of ■ — — , ha — never 

been Supplied with Webster's Unabridged Dictionary, as provided 

by law : sub-districts unsupplied, ; sub-districts heretofore 

supplied, . 

Secretary of town hoard of directors. 

Sworn to and subscribed before me, 1 Post-office 

this day of ■ 



. before me, ] 
, 18— I 



Send by express to — — , care of 



No. 58. 

Form of application for re-snpply, when dictionary previously furnished Is lost. 

State op Wisconsin, county — ss. 

- — — being duly sworn, deposes and says that] district No, 



223 

— - in the town of , county of, has lost the copy of Webster's 

dictionary heretofore furnished to said district by the state. 

District Clerk. 
Post office . 



Subscribed and sworn to before m-), this day of A. 

D. 18—. 



Send by express to — , care of 



No. 59. 



Form of application for re-supply when dictionary previously furnished is worn out. 

State of Wisconsin, county — ss. 

, being duly sworn, deposes and says that the diction- 
ary heretofore furnished to district No. — , in town of , coun- 
ty of , is so worn out as to be unfit for use. 

, 
District Clerk. 
Post office . 

Subscribed and sworn to before me, tliis day of , A. 

D. 18—. 



Send by express to — ■ — , care of 



J^°* The two forms above can be altered to suit circumstances in case the application 
for a re-supply is for a graded school in a ciry or village. 

gST" Dictionaries are not furnished free for a re supply, but at the cost to the state. 
Those now on hand cost $3. The money or a money order, or a draft must in all cases 
accompany the application. 

ftW Applications for dictionaries must be mads by the district clerk, the secretary of 
the town board, or the superintendents of the schools in a city or incorporated village, 
and the post office of the applicant should be given as well as the neaaest express 
station. Dictionaries cannot be sent by mail. 



INDEX. 



A. 

ACCEPTANCE— 

of district office by two officers necessary to organization of dis- 
trict 20 

must be in writing, and filed with district clerk. . , 20 

ACCOUNT— 

of district board for expenses to be presented to district meeting 
for allowance 78 

to be kept by district treasurer . ...*... til 

ACTIONS— 

director to appear in, for district 59 

director to commence on treasurer's bond 59 

against school district to be commenced by summons. . . .' 124 

against town treasnrer by district treasurer 134 

against county treasurer by town treasurer ■. ....... . 134 

against district treasurer by director. 134 

may be brought by any elector in certain cases 135 

may be commenced and prosecuted before justice of the 

peace 124, 135 

ADJOURNMENT— 

of school district meeting ', 36, 40 

notice for, when for a longer time than one month. . . . . » 53 

AFFIDAVIT— 

of district clerk, to be attached to his annual report 68 

to statement of tares voted 90 

must be made to application for Dictionaries 221, 222, 223 

must accompany appeals ........ 127, 128 

AGE OF CHILDREN— 

entitled to attend school free ... 6 

ALTERATION— 

of proceedings of district meetings.. ....................... 38, 52 

ALTERATION OF SCHOOL DISTRICTS— 

to be made by town board of supervisors...., IT, 28, 32 

notice for meeting of supervisors to consider 28 

notice of, to be filed with town clerk and district clerk. 28 

not to take effect within three months without consent of district 
board ■. 8 „ .,.....,.....,......,,„..... 28 

15 — Sch, Code. 



226 

Alteration of School Districts — (continued) — 

not to take effect between the first day of December and the first 

day of April following 29 

of joint districts, how made 32 

of union districts, how made 56 

ANNUAL DISTRICT MEETING— 

when to be held . 35 

powers of 36-53 

not to be deemed illegal for want of notice 36 

notice for, how given 53 

ANNUAL REPORT— 

of state superintendent 8 

of county superintendent 102, 112 

of city superintendents or clerks 72 

of town clerk 8.7 

of district clerk 68, 11 

ANNULMENT— 

of teacher's certificate by county superintendent 115 

notice to be filed with town and district clerk 115 

APPARATUS— 

moneys to purchase may be raised by tax 3*7, 49 

APPEALS— 

from refusal of county superintendent to grant a certificate may 

be taken by applicant 115, 131 

may be taken by any person in certain cases 126 

decisions of state superintendent on final 126 

decision to be made within thirty days after the hearing thereof 

is closed 126 

regulations concerning 127, 131 

APPENDAGES— 

board to provide for the school-house 18 

APPOINTMENT— 

to fill vacancy in district board 78 

of county superintendent 100 

APPORTIONMENT OF SCHOOL MONEYS - 

by state superintendent 8, 9 

* by town clerk 88 

not to be made to districts failing to comply with the law 88 

how affected by alteration of districts 89 

ASSISTANT STATE SUPERINTENDENT— 

how appointed, etc 9 

B. 

BOARD— 

(see county beard of supervisors), 
(see town board of supervisors), 
(see district board). * 



227 



BOOKS- 



for register to be furnished by district clerk , 73 

to be furnished indigent pupils 80 

text books, to be determined by district board 82 

text books, uniformity of. . 7 

BORROWING MONEY— 

by school districts , 123, 124 

BLACKBOARDS— 

moneys may be voted for 3*7, 49 

0. 

CERTIFICATE— 

of value of school-house, etc 30 

of town treasurer of moneys to be apportioned 88 

of determination to form union district 55 

of qualification granted to teachers 101, ,110, 113 

three grades estaolished 113 

third grade, what studies applicants for must be examined in. . . . 113 

second grads, what studies applicants for must be examined in . . 114 

first grade, what studies applicants for must be examined in .... . 114 

maybe annulled 115 

state teachers' provided for . 116 

state teachers' conditions of 11? 

of returned taxes 93 

of judgment against school-district 124 

CHALLENGE— 

of voters 25 

CITIES— 

to be exempt from jurisdiction of county superintendent Ill 

to make reports to state superintendent 72 

CLERK— 

(see district clerk, town clerk and clerk of the board of supervisors). ■ 

CLERK OF THE BOARD OF SUPERVISORS— 

to file notice of apportionment of school moneys 10 

to transmit copy of notice to county treasurer 10 

to lay copy before county board of supervisors 10 

to transmit to state superintendent copies of proceedings of coun- 
ty board relating to raising school moneys. II 

to certify delinquent tax to town clerk 12 

to give notice to state superintendent of vacancy in office of 

county superintendent 100 

COMMON SCHOOLS— 

to be free t o children of certain ages & 

no sectarian instruction to be allowed therein 6 

fund for support of 5 

to be maintained five months in each year or not share in the 

fund 88 

fund, how distributed to 8, 9 

supervisi on of 7, 83, 101 

what shall be taught in 84 

governmaut of 80 

exercises in, must be conducted in English langua ge 84, 86 



228 

CONTRACT— 

with teacher to be made by clerk 64 

to be consented to by director or treasurer 64 

to be filed in clerk's office 65 

board may make in certain cases 65 

COUNTY BOARD OF SUPERVISORS— 

may authorize special school tax 10 

may authorize renewal of warrant for collection of taxes 10. 

to levy school taxes 11 

duty when towns fail to levy or collect school tax 12 

may authorize the election of two superiatendents in a county. . 98 

to levy tax for salary of county superintendent Ill 

COUNTY SUPERINTENDENT— 

when to be chosen 98 

term of office, when to commence 98 

two to be chosen ia a county in certain cases 98 

may resign office 99 

shall take and file oath of office 99 

may be removed from office 100 

not to act as agent for author, publisher or bookseller 100 

to examine and license teachers 101 

to visit schools 101 

to direct district board to repair school-houses .... 101 

to declare school-house unfit for use 101 

to annul teacher's certificate 101, 102 

to report to county board of supervisors and state superintend- 
ent annually 102, 112 

to transmit to state superintendent names and postoffices of 

town clerks o . . . . 102 

to hold teachers' institutes 102 

to divide his county into inspection districts 109 

to notify district clerks of time and place of meeting for exam- 
ination of teachers 109 

to hold two meetings for examination of teachers in each inspec- 
tion district annually 110 

may give applicant private examination 110 

compensation of 110 

salary of, how levied and collected Ill 

to give county treasurer statement of number of children in his 

county over 4 and under 20 years of age 112 

may annul teachers' certificate 115 

to give notice of intention to annul certificate 115 

to file notice of annulment with town and district clerk 115 

to give person appealing from his refusal to grant a certificate, 
his reason for such refusal 116 

COUNTY TREASURER— 

to apply to state treasurer for school money apportioned by state 

superinf endent 12 

to give notice to town and city treasurers 12 

how to dispose of moneys uncalled for 12 

D. 

DEBTS— 

of school-district, tax may be voted for 37, 49 

of disorganized district, how paid 3$ 



229 

DECISION— 

x of district meeting, town supervisors, etc., may be appealed 

from 126 

of state superintendent, to be final 126 

DEED-- 

disti ict board may execute 75 

DELINQUENT TAXES— 

to be returned to town clerk by district treasurer 93 

town clerk to certify 93 

how collected and paid over . 93 

DICTIONARY— 

Webster's to be furnished to school districts 221, 222 

DIRECTORS— 

when elected . , . 36 

term of office 5*7 

to call special district meetings 54 

to countersign orders on treasurer 59 

to prosecute district treasurer . 59, 13 i 

to demand additional security of treasurer 60 

to certify judgment against district. 124 

to prosecute clerk for making false report 133 

DISTRICT BOARD— 

who shall constitute it 56, 73 

of union high school-district, first one to be appointed • 56 

of union district, their powers and duties 56 

to fix time when terms of school shall begin in certain cases. ... 65 

to hire teacher in certain cases 65 

legal meetings of 74 

to purchase or lease site for school-house 75 

to build school-house 75 

to sell school-house or site 75 

to have the care of school-house, etc 76 

to* purchase record books, blanks, etc 76 

to provide appendages for school house 78 

to keep school-house in repair 78 

to present account of expenses incurred to district meeting 78 

to fill any vacancy in their own number 78 

may purchase school-books for children whose parents are unable 

to furnish them 80 

may make rules for government of the district-school 80 

may suspend or expel pupils 80 

have power to adopt text- books 82 

to visit and supervise schools 83 

to correct tax list 93 

to value real estate 94 

DISTRICT CLERK- 
GO include moneys due new districts in statement of tax made to 

town clerk „ „ . 30 

to give notice of district meeting 53 

to call special meetings'. 54 

to demand additional security of treasurer 60 

to report name and postoffice of district officers to town clerk. . . 63 



230 ' 

District Clerks — (continued) — 

to keep a record of proceedings of district meetings and of dis- 
trict board . 63 

to keep books, papers, etc 63 

to deliver books, papers, etc. to his successor 63 

to draw orders on district treasurer 63 

to hire teachers 64, 65 

to make a report to town clerk 6g, 71 

to furnish register lor use of teacher 73 

to include cost of record books in tax returned to town clerk. ... 76 

to certify district taxes to town clerk 90 

to make out tax list lor special tax '. 92 

to annex warrant and deliver list to town treasurer 92 

to renew warrant attatchad to tax list 93 

not to contract with unqualified teacher 115 

DISTRICT LIBRARY— 

tax may be voted for 37, 49 

to be vested in the district board 118, 119 

of adjoining districts may be united 119 

to be in charge of librarian 119 

regulations concerning 119, 120 

DISTRICT MEETINGS— 

first one how notified 18 

annual wheu held 35 

annual, notice for how given 53 

special, how called 54 

to be called by town supervisors in certain cases 19, 20 

DISTRICT PROPERTY— 

may be sold 75 

board to bave the care of 76 

how divided on division of district , 30 

DISTRICT TREASURER— 

when elected 36, 57 

term of office 57 

to call special district meetings in certain cases. . . 54 

to execute and file bond 60 

to give additional security when demanded by director and clerk 60 

to receive and pay out moneys 61 

to keep a book and make a report 61 

to hand over to successor, moneys, papers, etc 61 

to collect special district tax 92 

to deliver to town clerk statement of unpaid taxes 93 

to have same powers as town treasurer in collecting tax 93 

to prosecute town treasurer 134 

DIVISION— 

of school districts 30 

of property '. 30 

of joint libraries 119 



E. 

EDUCATION— 

constitutional provision in relation to. 



231 

ELECTORS OF A SCHOOL-DISTRICT— 

to assemble at first district meeting . 20 

their powers at annual meeting , . • . 36 

EMBEZZLEMENT— 

what constitutes 62 

punishmrnt for 62 

EQUALIZATION OF TAXES— 

by town board of supervisors , 94 

EXAMINATION OF TEACHERS— 

meeting for, how notified, and when held 109 

private granted, in certain cases 110 

EXPENDITURES— 

of district board, how allowed. 78 

EXPULSION OF SCHOLARS FROM SCHOOL 80 



F. 
FEE— 

for tuition of non resident pupils 37, 50, 56 

FINES, FORFEITURES, ETC.— 

for refusal to notify first meeting in new district 132 

for refusal to act as chairman of district meeting 132 

for refusal of district officer to serve 132 

for neglect of duty by district officer '. 132, 133 

for neglect of officer to deliver records, papers, etc., to his suc- 
cessor 133 

imposed on district clerk for making false report 133 

for neglect of town clerk to make report to county superinten- 
dent 133 

for refusal of town supervisors to carry into effect any decision 

of state superintendent .,.. 133, 134 

for neglect of county superintendent to make annual report. . . . 134 

for neglect of teacher to keep register 134 

district treasurer liable to, for paying out mouey contrary to law, or 

for purchasing orders for less than the sum expressed in them. 134 
for drawing order for payment of wages of unqalified teacher. . . . 135 

for countersigning such order , 135 

for disturbing private or public schools. . . , 135 

any elector authorized to prosecute for in ce rtain cases ......... 135 

FORMATION— 

of school districts 17 

of joint districts 32 

of township districts .- 137 

of union and high school disiricts 55 

FORMS— 

for making reports, to be prescribed by the state superinten- 
dent 8 

to be furnished officers 135 

of affidavits iD appeal cases 128, 129 

of notice of appeal by teacher , 131, 132 



232 

Forms — (continued) — 

of order organizing new district 189 

of order organizing joint district 189 

of notice for first meeting by town supervisors 189 

of notice for first meeting to be left at residence of voter 190 

of return of notice for first meeting 190 

of notice by supervisors for meeting when there is no officer to 

call one 191 

of acceptance of district office 191 

of notice of meeting to alter district boundaries 191 

of order altering district boundaries 191 

of consent to order of alteration 192 

of order awarding property to new district 192 

of notice for annual meeting 19$ 

of notice for adjourned district meeting 193 

of request for special district meeting 193 

of notice for special district meeting 194 

of notice to supervisors of determination to form union district, 194 

of order organizing union district 194 

of appointment of first board of union district 195 

of notice to officers of election 196 

of refusal to accept district office 195 

of bond of district treasurer 196 

of call on treasurer for additional security 196 

of order on treasurer 197 

of certificate by temporary clerk to correctness of record 197 

of contract between district and teacher 197 

of annual report of district clerk 198 

of annual report of joint district clerk 201 

of school register to be kept by teacher 202 

of deed of school-house site 203 

of lease of school-house site 204 

of appointment to vacancy in district board 204 

of appointment to vacancy in district board by town clerk 205 

of refusal to accept office on appointment 205 

of certificate of town treasurer of money for apportionment 205 

of town clerk's annual report 206 

of notice of apportionment by town clerk 209 

of report of names and P, O. address of district clerks 209 

of statement by district clerk of tax voted 210 

of statement by district clerk of tax voted in joint district 210 

of special tax list 211 

of warrant for collection of taxes , 212 

of return of unpaid taxes , 212 

of certificate of unpaid taxes 213 

of renewal of warrant by district clerk 213 

of renewal of warrant by town clerk 213 

of determination of relative proportion of taxes in joint district 213 

of application for location of school-house site 214 

of certificate that notice of meeting to locate site has been given 214 
of notice for meeting of supervisors to locate school-house site. . 214 

of certificate of location of school-house site 215 

of certificate of vacancy in county superintendent's office 215 

of anoual report of county superintendent 216 

of statement of number of school children in a county . . 220 

of notice of intention to annul teacher's certificate 2 20 

of annullment of teacher's certificate and notice to town clerk. . 2 21 
of application for dictionary 221,222, 22 3 



233 

a. • 



GOVERNMENT OF SCHOOLS- 



rules and regulations for, to be made by district board 80 

township system of, provided for 13*7 



H. 

HIGH SCHOOLS— 

how established and supported 55, 56, 57 

HOLIDAYS— 

what days are legal TO 



I. 

INCOME OF SCHOOL FUND— 

to what shall be applied 5 

how distributed '. 9 

when to be apportioned 6, 9, 88 

to be applied in payment of teachers' wages 88 

county treasurer to apply for 12 

INSTITUTES— 

teachers' to be held by each county superintendent 102, 108 

provision for. . 157, 158 



J. 
JOINT DISTRICT— 

how formed 32 

JUDGMENTS— 

against school-districts, how collected '. 124 

no execution to issue on 124 

JUSTICE OF THE PEACE— 

to have jurisdiction in certain cases 124, 135 

to certify judgment , 124 



L. 

LEASE— 

district board may lease house or site 75 

LIABILITIES— 

tax may be voted to discharge . , 37, 49 

LIBRARIAN— 

of district library, who may be > 119 

of joint libraries, how appointed 119 

his duties 119-122 



234: 

LIBRARY— 

of district, amouDt of tax for 37, 49 

title to be veated in district board 118, 119 

of two or more adjoining districts may be united. . 119 

regulations concerning 119, 120 

town, law for establishing 122, 123 

LOAN— 

district may make to build house 123 

M. 

MAP— 

town clerk to make and keep in his office 88 

to accompany appeals 12*7 

MAPS— 

moneys to purchase may be raised by tax 3V, 49 

MISDEMEANOR— 

town clerk guilty of for neglect to assess tax 13 

district clerk guilty of if he make a false report 133 

district treasurer guilty of, for purchasing orders for less than the 

sum expressed in them 134 

MONEYS— 

not to be apportioned to towns failing to raise amount required 

by law 12 

due new districts, how raised 30, 31 

to be paid to individuals in certain cases 30, 31 

of disorganized districts, how disposed of S3 

may be voted by school-districts. 36, 3*7, 47, 49 

collected of defaulting treasurer, how applied 59 

not to be apportioned to districts which have not maintained 

school five months 88 

not called for in one year, to be re-apportioned 12, 89 

collected from town clerk and county superintendent, how appor- 
tioned 134 

MONTH— 

number of days in 51 

N. 

NORMAL SCHOOLS— 

in relation to 147 



NOTICE— 

of apportionment to be given to clerk of board of supervisors by 

state superintendent 9 

for first meeting of school district 17 

in case of neglect of inhabitants to assemble 19 

for meeting of supervisors to alter school-district 28 

of alteration of school-districts 28 

of alteration of joint school-districts 32 

for annual district meeting 53 

for special district meeting 54 

for meeting of supervisors to locate school-house site 95 

for teachers' examination 109 



235 

OATH— 

administered to challenged voter 25 

of office by county superintendent 99 

OFFICERS— 

of school districts 56, 5? 

ORDERS— 

directors to countersign 59 

treasurer to pay money on 61 

clerk to draw 63 

P. 
PENALTIES— 

(see "fines and forfeitures.") 

PROPERTY— 

of district to be in care of board 75 

division of, when new district is formed 30 

PROSECUTION— 

of actions against school officers 134, 135 

PLANS— 

for school-houses , 169 

PUPILS— 

may be suspended'or expelled 80 

Q. 

QUALIFICATIONS— 

of voters 22, 25 

of teachers, how determined 113 



R 

REAL ESTATE— 

districts may hold 21 

taxes on, how assessed and collected 91, 92 

valuation of, how equalized in joint districts 94 

RECORDS— 

of school district to be kept by clerk „ 63 

to be delivered to successor 63 



REGISTER- 



to be furnished teacher by district clerk 13 

what to contain, etc *73 

neglect to keep, forfeits wages 134 



236 

REGULATIONS AND RULES— 

to be prescribed by state superintendent , . 8 

district board to make 80 

concerning libraries 119, 120 

relating to appeals 127, 131 

REMOVAL— 

of county superintendent from office 100 

of district officers by county judge ) 133 

of town clerk by town supervisors 133 

REPAIRS OF SCHOOL-HOUSES— 

tax for to be voted 36, 43 

district board to attend to 78 

county superintendent to direct 101 

? REPORT— 

of state superintendent 8 

of district treasurer 61 

of district clerk 68 

of clerk of joint-district 71 

of town clerk , 87 

of county superintendent 112 

of city superintendent or clerk 72 

RESIDENCE- 

of voter, how determined 23 

of children 51, 69 



s. 

SALARY— 

of state superintendent 7 

of assistant state superintendent 9 

of county superintendent 110 

SCHOLARS- 

age of, to attend school free 6 

may be admitted from other districts 37, 50 

may be suspended or expelled. 80 

residence of 51, 69 

SCHOOL BOOKS— 

state superintendent to recommend 7 

uniformity of to be secured 7 

kind of, used, to be reported 68 

district board may purchase for indigent pupils 80 

board may determine what kinds shall be used 82 

SCHOOL BUILDINGS— 

descriptions of 185 

engravings of 184 



237 

SCHOOL DISTRICTS— 

how formed .'. If 

sizeof JT, 28 

notice for first meeting of t . . . IS 

when to considered organized 20 

officers of ' 57 

officers of to file written acceptance of office 20 

to be bodies corporate 21 

contracts with 21 

qualifications of voters in 22 

alteration of 28, 29 

" " not to take effect for three months in certain 

case 28 

not to be changed between 1st day of December and 1st clay of 

April following 29 

joint, how formed 32 

officers of 36, 41, 57 

powers of , 36-53 

disorganization of. 33 

annual meeting of, when held 35 

proceedings at annual meeting of * 36 

notice for annual meeting of, how given 53 

union, how formed 55 

may borrow money 123, 154 

judgment against, how collected 124 

SCHOOL FUND— 

sources of 5 

how applied 5 

SCHOOL FUND INCOME— 

distribution of 6, 11, 12 

SCHOOL AND UNIVERSITY LANDS— 

provisions for sale of '. . . . 6 

SCHOOL-HOUSES— 

site of how designated 36, 42, 95 

tax to build how limited 36, 43 

may be sold ...» 36, 47, 75 

district board to have the care of 76 

district board to provide appendages for 78 

district board to repair 78 

repairs on may be ordered by county superintendent 101 

may be declared unfit for use 101 

plans for 169 

SECTARIAN INSTRUCTION— 

not allowed in university or in district schools 6 

SITE OF SCHOOL-HOUSE— 

how designated 36,41. 95 

how established in certain cases 95 

what lands may not be taken for 96 

SPECIAL DISTRICT MEETING— 

notice for how given 54 

how called 54, 65 

tax voted at, how collected 94 



238 

STATE SUPERINTENDENT— 

compensation of 5 

election of 7 

f&lary of 7 

duties of 7, 8 

to recommend text-books 7 

to make annual report „ 8 

to certify apportionment of school fund income 8 

to certify papers 9 

where to have his office 9 

may appoint'assistant 9 

traveling expenses of 9 

clerk hire in his office 9 

report of, when to be made 10 

not to apportion moneys in certain cases 12 

to decide appeals , 8, 126 

to furnish school officers with blanks for their annual reports 135, 136 

to furnish amendments to school law to districts 135, 136 

STATE UNIVERSITY— 

constitutional provisions respecting 6 

laws relating to 161, 166 

STOCK— 

of merchants and manufacturers, where assessed 91 

STUDIES— 

to be taught in sch?ol 84, 85 

in which applicants lor certificates are to be examined 113- 118 

SUIT— 

district to give directiou for prosecution or defense of 38, 52 

against district, director to defend 59 

justice of peacjje to have jurisdiction of 124 

SUPERVISORS— 

(S6e town board of supervisors, and county board of supervisors.) 



T. 

TAXES— 

to be raised by towns and cities for support of schools 6 

to raise money due new districts, how assessed 30 

for school-house and site, limitation of 36, 43 

for payment of teachers wages 37, 47 

to pay district indebtedness 37, 49 

for the purchase of maps, charts and apparatus 37, 49 

for district library 37, 49 

not to be voted at special meeting unless three-fourths of the le- 
gal voters are notified of the meeting 54 

to maintain union high school, how raised 56 

general district, how as-essed and collected... 91 

special district, how collected. 92, 93 

paid by tenant may be collected of owner of land 94 

school-district, on what property to be assessed 95 

to pay judgment against district, how assessed and collected 125 

when enjoined, bow collected 13 



239 

TEACHERS— 

tax for wages of limited ' 37, 47 

to keep register 73 

to report to district board and county superintendent 13 

to be examined and licensed 101, 102 

to forfeit wages for neglect to keep register 134 

TEACHERS' INSTITUTES— 

to be held by county superintendent 102, 108 

board of regents of normal schools may aid 157, 158 

TEXT-BOOKS— 

district board to select 82 

to make list of, file it with the clerk, and post it in the school- 
room 82 

list of adopted, not to be changed for three years 82 

penalty for changing the list adopted 82 

TOWNS— - 

required to raise a certain amount by tax, annually, for support of 

schools 6 

may raise additional amount 11, 94 

TOWN BOARD OF SUPERVISORS— 

to form and alter school-districts 17, 28 

to issue notice for first meeting of 17, 18 

ta call meeting in district having no officers to call same 19, 20 

to ascertain and determine the amount of property due new dis- 
trict 30 

to dispose of property of disorganized districts 33 

to form union school-district 55 

to appoint first board of unitfn district 56 

to equalize valuation of property in joint districts 94 

to locate and establish school-house sites 95 

may vacate office of town clerk, and fill vacancy 133 

to be fined for refusal to carry into effect any decision of state 
superintendent 133 

TOWN CLERK— 

to assess delinquent school tax , 12 

to be guilty of misdemeanor for not assessing school tax 13 

to sell fallen timber and grass on school lands 15 

to notify district attorney of trespass on same 15 

to fill vacancy in district board 78 

to make a report to county superintendent , 87 

to see that district, clerks make correct reports 88 

to file reports and papers 88 

to record description of school districts 88 

to make a map of to wn 88 

to report name and postoffice of himself and of district clerks to 

county superintendent 88 

to apportion school moneys 88, 89, 90 

to re-apportion moneys not called for in a year 89 

to give district clerk statement of valuation of property 90 

to assess district taxes 91 

to give certificate of unpaid tax to town treasurer 93 

to enter unpaid tax in next assessment roll 93 

to assess tax to pay judgment against school-distrect , . . 125 

may be removed from office by supervisors 133 



240 019 748 538 3 



TOWN TREASURER— 

• to receive and pay out school money 61, 85, 86 

to certify to town clerk amount of school moneys in his hands. ... 86 

to set apart funds to pSy district taxes 91 

to prosecute county treasurer 134 

u. 

UNIVERSITY OF WISCONSIN— 

constitutional provisions for establishment and support of 6 

organization and re-organization of 161-166 

y. 

VACANCY— 

in district board, how filled . . . . 78, 79 

how may occur ; 79 

in office of county superintendent to be notified to state superin- 
tendent by clerk of board of supervisors 100 

to be filled by state superintendent 100 

VALUATION— • 

of property in joint districts, to be equalized by town super 
vigors 94 

VOTERS— 

who may be 22, 28 

w. 

WAGES OF TEACHERS— 

tax voted to pay 37, 47 

to be specified in contract , 64 

public money to be applied in payment of 88, 89 

when forfeited 134 

WARRANT— 

clerk to issue for collection of special tax 92 

treasurer to execute 92 

may be renewed 93 

WEBSTER'S .DICTION ARY— 

forms of application for * 221, 222, 223 



I Ho 



LIBRARY OF CONGRESS 



019 748 538 3 



Hollinger Corp. 
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